Employee concealing marriage information when joining the company, can the company terminate the labor contract with him/her?
Q: Hi, if we find out an employee who filled his/her marriage state as unmarried when joining the company, can we terminate the labor contract for his/her severe violation of the rule of integrity?
Answered by: RDL·Shanghai Senior Associate Emily Gong
A: The company's right to know should be based on the labor contract. And if the work performed by the employee is not directly related to whether the employee is married or not, the company, intending to know the marriage and childbirth information of the employee, may be deemed to have violated the protection of the right of personality, including privacy right and personal information right. Therefore, risks are tilted to the company if it terminates the labor contract because the employee conceals the married information.
It is recommended that the company could minimize the characterization of employees' natural attributes (such as gender, marriage, race, height, etc.) when designing the employment conditions, and put limits on the acquired attributes for performing the labor contract (such as academic degree, work experience, professional skills, etc.) to avoid legal risks caused by infringement of personality rights or employment discrimination.