Law

The job seeker conceals their 15 year experience of changing 13 companies and losing the lawsuit. The work experience is directly related to the labor contract, and the employee should truthfully explain it

2025-12-11   

Job hopping is a common phenomenon in the workplace, however, if job hopping is too frequent, some companies may have a negative impression of employees or even refuse to hire them. So, is it advisable to conceal one's frequent job hopping experience? Recently, the reporter learned from the Guangzhou Intermediate People's Court in Guangdong Province about a labor dispute case, in which a job seeker concealed his 15 year experience of changing 13 companies and ultimately lost the lawsuit. The case shows that Xiao Zhang joined a clothing company in 2023. The work experience column in the "Employment Application Form" filled out by Xiao Zhang shows that he worked as a clothing plate maker in Company A from 2016 to 2023; From 2012 to 2016, worked as a clothing pattern maker at Company B; I worked as a clothing plate maker at Company C from 2009 to 2012. The statement of the person filling out the form states: I guarantee that the information filled in is true and accurate; Ensure compliance with the company's various rules and regulations; If there is any falsehood, I am willing to unconditionally accept the company's punishment or even dismissal, and do not request any subsidies. Later, the clothing company investigated and found that the work experience stated by Xiao Zhang was seriously inconsistent with his actual resume. Therefore, in March 2024, they sent Xiao Zhang a "Notice of Termination of Employment Relationship", notifying him that due to his false work resume and significant concealment and deception, he would now terminate his employment relationship with Xiao Zhang. Xiao Zhang believes that the termination of labor relations by the clothing company is illegal and has initiated labor arbitration. However, he is dissatisfied with the ruling and has filed a lawsuit with the court, demanding that the clothing company pay compensation of over 30000 yuan for the illegal termination of the labor contract. During the court proceedings, Xiao Zhang recounted his work experience as follows: from July 2009 to March 2024, he changed 13 companies, ranging from a few days to no more than two years, with the majority of his work experience lasting less than one year. The first instance judgment of Nansha District People's Court in Guangzhou rejected Xiao Zhang's request for the clothing company to pay compensation for illegal termination of the labor contract. Xiao Zhang disagrees and files an appeal. Guangzhou Intermediate People's Court's second instance judgment: Reject the appeal and uphold the original judgment. Regarding this case, Judge Huang Zhiwei of Nansha District People's Court in Guangzhou stated that work experience is one of the basic situations directly related to the labor contract, and workers should truthfully disclose it. From Xiao Zhang's self described work experience, from July 2009 to March 2024, he changed jobs in 13 companies, and the majority of his work experience was less than one year. From this, it can be seen that there is a significant difference between Xiao Zhang's actual work experience and the work experience on the "Employment Application Form" he filled out when he joined the clothing company involved in the case. This cannot be due to Xiao Zhang's alleged differences in understanding or memory bias. ”Huang Zhiwei said that Xiao Zhang deliberately concealed his work experience when filling out the "Employment Application Form", intending to smoothly join a clothing company by fabricating a relatively stable work experience, which constitutes fraudulent behavior. The judge reminds that honesty and credit are the legal obligations of workers, as well as the foundation for safeguarding their own rights and building harmonious labor relations. If one engages in fraud due to a mentality of luck, it not only violates the principle of integrity, but may also harm one's own rights and interests. Only by adhering to the principle of integrity can we create a clean and upright workplace environment and achieve a win-win situation for both labor and capital. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Workers' Daily

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