Plaintiff: Shanghai Machinery Co. ltd..
Defendant: lee.
The plaintiff Shanghai Machinery Co. Ltd.(Hereinafter referred to as a company)With the defendant Lee labor contract dispute, bring a lawsuit to the people's Court of Jiading District, Shanghai.
The company claimed: the defendant Lee in 2002Years3By providing false certificates and the use of false statement fraud, the plaintiff company in violation of the true meaning of signed labor contracts. Since then, the plaintiff in the each request to update personnel information staff, the defendants were deceived to fill in false information. The company received the related report after verified the above facts, and found that the existence of false contract price to earn post irregularities in the work, the company suffered economic losses and affect the company's reputation. In view of this, the plaintiff and the defendant to lift the labor contract.2010Years7Months and8Month, the defendant, the plaintiff has to Shanghai Jiading District labor dispute arbitration committee(Hereinafter referred to as the Jiading District Labor Arbitration Commission)Arbitration, the same year9Month17Jiading District labor arbitration commission to make Jia Laozhong2010.Office word article1860,2188Award, the ruling part does not comply with the law and fact. The defendants fraudulently and plaintiff signed labor contracts lead to contract, and there are serious violations of the rules and regulations of the company act, therefore the plaintiff's behavior belongs to the legal relief, should not pay the defendant illegal remove labor contract damages. On the other, the defendant did not do full2010In the second quarter, the plaintiff shall not pay its second quarter bonus, so the request shall order the plaintiff:1. not to pay the defendant illegal remove labor contract damages 181 866Element;2Not to pay the defendant2010The second quarter of the Year Award32213Element;3The defendant shall be returned to the plaintiff 2009Years12January2010Years5Month to the company a total of payments and loan28500Element(Includes a service fee10000Yuan, the loan15000Yuan, a tea a2000Yuan, the name of a workstation rent deposit1500Element);4The defendant shall return the plaintiff rental payments 8190Element;5. the defendant shall be returned three months of automobile insurance697．75Element. At the same time, approve of the other content of arbitration award.
The company submitted the following evidence:
　　1Jia Laozhong2010.Office word article1860,2188No. the award, to prove the case has been pre arbitration procedure;
　　2Labor contract and the supplementary agreement, to prove the existence of the labor relations between the original, the defendant;
　　3At a single four copies, to prove that the defendant Li Moucengyu2009Years12January2010Years5During the month to the plaintiff advance, advance four money, a total of28500Element;
　　4. to pay a voucher, aims to prove that the plaintiff company has2010Years5Month22To11Month21Daily rent81900Yuan to pay the defendant Li, but the defendant after the event did not provide rental contract;
　　5A copy of the purchase contract. By two, Su pump pump Co., proof of payment, cash cheque stub and the plaintiff a company lawyer and the manager of Tian Dong's record, to prove that the defendant Li Mouceng Yin signed contracts with customers, earn post;
　　6The defendant to the plaintiff. Lee a company to submit copy of degree certificate and proof of the Academic Affairs Office of Xi'an Technological University, aims to prove that the defendant Li in fabrication of academic credentials behavior;
　　7. confirmation of work, in order to prove that the defendant Lee promised"Provide the company's materials such as fraud, is willing to unconditionally by the termination of the contract"So the plaintiff, a company shall terminate the labor contract;
　　8．2007Version of the "Employee Handbook" and the defendant signed "cognitive confirmation", aims to prove that the plaintiff a company according to the company rules and regulations and the defendant Lee to terminate the labor contract;
　　9A company in East China. The original Ma Yuxin of manager of Department of business of writing and Ma Yuxin's job transfer documents, aims to prove that although Ma Yuxin in2008Years8Month accused Lee knows a fabrication of academic credentials, but because of job transfer the reason not to report to the company is not processed;
　　10. auto insurance payment documents, to prove that the plaintiff, defendant Lee paid2791Yuan car insurance;
　　11And the system of rewards and penalties. "Employment" and2003Version of "Employee Handbook", aims to prove that the plaintiff a company recruitment business personnel must be a college education.
The defendant Lee argued that, although the defendant enters the plaintiff a company provides false certificates, but 2008Years know the truth and the plaintiff company has made a deal with the defendant, and2008Years12The plaintiff and the defendant may also signed labor contracts, proof that the plaintiff in consideration of the defendant's business ability so ignore the fabrication of academic credentials. So2010Years6The plaintiff and the defendant on fabrication of academic credentials that terminate the labor contract in violation of the law, shall pay the illegal remove labor contract damages. The plaintiff in the2010Years6Month30To the defendant a lawyer letter, notice to terminate the labor contract, the labor relationship between both parties at the end of2010Years6At the end of the month, the defendant has to do with the second quarter, the plaintiff should pay the quarterly bonus. About a plaintiff mentioned and borrowing money28500Element, which10000Yuan business money has been spent6922Element, it agreed to return3078Element;15000Department of the yuan to private name to the plaintiff borrowed money, but because of the leadership is not signed, so the defendant actually has not obtained the loan, not agreed to repay the money; tea2000Yuan, the department took the lead Yang Chengxin tea to the customer. Leadership requires the defendant to the company a2000Yuan for invoice back, but the defendant has not been found on the invoice; to rent temporary support workstation name1500Element in the1300Yuan deposits, 182System of electricity. Because the plaintiff and the defendant to terminate the labor relationship between the workstation using the house rent in advance by default, the two payment shall not return, we agreed to return the remaining18Element. Rental housing8190Yuan is the deputy general sign agreed to pay2010Years5January11Month rent, it is not agreed to return. Three months of automobile insurance 697．75Element, the defendant agreed to return. On the other, because the plaintiff to Wuxi lowest payment base for the defendants to pay social insurance in violation of the law, the plaintiff to the defendant actual income as the paying base for its back2008Years 7January2010Years7The difference on Wuxi city urban social insurance.
The defendant Lee submitted as evidence:
　　1. the defendant Lee and Ma Yuxin, Pan Rujuan's recording data in each one, to prove that the plaintiff company early in the2008Years has been on the fabrication of academic credentials of a processing;
　　2A electricity invoices, to prove that the defendant Li's workstation in2010Years6Month should pay for the electricity 182Yuan, which included in the defendant at2010Years5Month31The plaintiff to a company in advance1500Element;
　　3. Payment Certificate in two copies, six copies of travel report, invoice table, to prove that the defendant Lee in2009Years12On the plaintiff company a service fee 10000The yuan has spent entertainment fees, meals, travel and other total6922Element.
Shanghai Jiading District people's Court of first instance found:
The defendant Li Shanghai City Department of foreign workers. 2002Years3Month1Day Lee into the plaintiff a company engaged in sales work. When the entry, Li Mou to a company personnel departments submitted himself to2000Years7He graduated from Xi'an Technological University Department of materials engineering, the copy of degree certificate, the two sides signed a deadline for the2002Years3Month 1To the same year12Month31Date of the labor contract, the contract2002Years3Month1To the same year8Month1Day of trial period, after the two sides renewed annually for a period of one year of labor contract.2007Years12Month25Day, Lee signed the "letter of commitment" as a, content:"I as a staff Shanghai machinery limited company, the following commitment:......My personal materials available to the company before is true, if false, is willing to unconditionally by the termination of the contract......" 2008Years12Month23Day, the original, the defendant signed the "supplementary agreement" the labor contract agreed period, the original labor contract extended2011Years12Month31Day. The company has offices in Nanjing, Wuxi, opened in Changzhou station after(By the Wuxi Office of the jurisdiction)By Li Ren, workstation stationmaster, no other staff. Some companies allow Lee to individual rental housing as the office work, housing expenses to be borne by the company.2009Years10Month25Day, a company to pay the car insurance premiums Lee2791Element. 2009Years12Month25Day, Lee to a company to submit a single(Department director Yang Chengxin signature)And for business expenses10000Element,2010Years1Month7Lee spent on entertainment expenses, meals, travel and other total6922Element.2010Years2Month11Day Lee filled out a reason for"Loan"Temporary support, the amount of 15 000A single element, but the document without the competent leadership of the signature confirmation.2010Years4Month23Day, a company to Lee paid2010Years5Month22To the same year 11Month21Daily rent(With tax8190Element.2010Years5Month31Day, Lee fill out two copies of a single and the Department in charge of Yang Chengxin signature confirmation to a company for a workstation rent deposit1500Element and tea section 2000Element, in a single paragraph on the record about the tea"Get off the invoice"The words, afterwards Lee fails to submit a company tea invoice.2010Years6Month28Day, a company to issue a dismissal that Lee, but Lee did not agree to accept,2010Years7Month2Day Li received a company lawyer letter, which contain"In view of the company you issued in the job of the relevant materials and the statement is false, and in the time of business indicators did not complete the company policy, does not comply with company rules work discipline and rules, so from now on a company to dismiss you, or dissolution of the labor contract with you", dated2010Years6Month30Day. A company fails to pay Lee2009The fourth quarter of the Year Award(The Commission)Remaining balance20493．89Yuan, fails to pay Lee2010In the first quarter bonus(The Commission1198．40Element and the two quarter bonus(The Commission) 32 213Element. In addition, in the2008Years 8Month, Lee's supervisor Ma Yuxin(Manager of business department of a company in East China)The report confirmed that Lee and others in fabrication of academic credentials.2008Years 12Month1Future work to mobilize, Lee area is no longer affected by the Ma Yuxin administration. A company in the labor arbitration stage presentation, office staff recruitment, verified and guaranteed by the director of the office of the director of the office of the actual operation, to provide staff qualifications certificate copy of it.
　　2010Years11Month1The day, Xi'an Technological University affairs in writing issued by the plaintiff, defendant Lee the copy of graduation certificate2000No such person graduation card"That words and stamped confirmation. The following provisions of a company in the "Employee Handbook":"New hires report shall provide the following original documents for the personnel department to review, and make a copy for the personnel department:1.ID.2.Proof of qualifications......" "Employees have any of the following serious violations of the company policies situation, the company will be fired, and do not give any economic compensation:......By deception false professional qualifications or other record......"The above content, Li Mou has confirmed the signing of awareness.2010Years7Month19Day,8Month11Day Lee with a company respectively on the illegal remove labor contract damages, return a money matters to the Jiading District Labor Arbitration Commission arbitration,2010Years9Month17Jiading District labor arbitration commission to make Jia Laozhong2010.Office word article1860, 2188No. the award, award contents are as follows: first, a company should be a one-time payment of the defendant illegal remove labor contract damages181866Element,2009The fourth quarter of the Year Award(The Commission)Difference20493．89Element,2010In the first quarter bonus(The Commission1198．40Element,2010The second quarter of the Year Award(The Commission32213Yuan, a total of RMB235771．29Yuan: two, Lee should be a one-time return of a company2009Years12Month 25 Japanese business fee temporary payment 10000Element,2010Years5Month31To buy tea temporary payment2000Element,2010Years5Month31The workstation rent deposit1500Element,2010Years2Month11Day loan15000Yuan, car insurance697．75Yuan, a total of RMB29197．75Yuan; three, Lee's other claims, does not support; four, for other requests of a certain company, does not support. A company or partial award content, then sued.
In this case the focus of controversy: the defendant Lee in the appointment to the plaintiff company submitted false certificates, whether one of a company legally terminate the labor contract reason.
Shanghai Jiading District people's Court of first instance that:
One of the criteria for the party fraud are aware of the real situation. All the offices of the Ma Yuxin management company a company in East China's business manager, which under the jurisdiction of the office staff recruitment, dismissal and work on behalf of the company's duty behavior.2008Years12In the month, Ma Yuxin knows the defendant Lee provide false degree cases, still make its renewed labor contract decision, that a company has to know Lee fabrication of academic credentials still continue to be employed, which shall not be prosecuted Lee provides any false record of formal schooling behavior. And a company on the sales personnel qualifications qualifications should be set to ensure the sales staff's ability to work, Lee in2002Years into a company after the two sides have to renew the labor contract that is confirmed from the side of a company approved to Lee's ability to work, so a company advocate Lee fraud reasons can not be established, the company terminate the labor contract is illegal termination.
Accordingly, the Shanghai Jiading District people's court:
Ten days to pay the defendant Lee illegal remove labor contract damages the plaintiff RMB a, a company shall enter into force on the date of judgment181866Element,2009The fourth quarter of the Year Award(The Commission)The difference of RMB20493．89Element,2010In the first quarter bonus(The Commission)RMB 1198．40Element,2010The second quarter of the Year Award(The Commission)RMB32213The above four yuan, a total of RMB 235 771．29Element;
Ten days to return the plaintiff a company two, the defendant Li Mou shall come into effect from the date of judgement2009Years12Month 25Day a service fee of RMB3078Element,2010Years5Month31On a workstation rent deposit of RMB1318Element,2010Years4Month23Day receive rent RMB workstation6370Yuan, automobile insurance fee of RMB697．75The above four yuan, a total of RMB11463．75Element;
Three, rejected the plaintiff a company's other claims.
A verdict of the first trial, appeal to the Shanghai second intermediate people's Court of appeal, a company called:1At a company and the appellee Lee to terminate the labor contract legal evidence, should not pay for illegal remove labor contract damages. First of all, Lee has forged academic fraud, Li Mou with fraud by way of a company to sign labor contract, in accordance with the rules of a company and the two sides agreed, a company with the dissolution of the labor contract is legal. Some companies recruiting staff require applicants to submit original certificates, Lee in2002Years experience also submitted forged certificates, the company only has retained Lee provide copies of education certificates, the original has been returned to Lee me. A company that, even if a company in the recruitment of Li sometime not diploma as review obligation, nor is this offset Lee fabrication of academic credentials of responsibility. On the other, a company manager Ma Yuxin not the entire East China Sales Manager, the only Suzhou area business manager, does not have the personnel punishment. Even if the Ma Yuxin manager know Lee forged diploma things, also do not represent the company also knows the matter and has been treated, and the fact that Ma Yuxin has proved not report it to the company. A company and Lee renewed when labor contract manager Ma Yuxin also had been transferred to his office, a company with Lee to renew the labor contract does not know the fabrication of academic credentials. Secondly, Lee in the work process are engage in malpractices for selfish ends, Lee and Changzhou Su pump pump industry limited company signed a contract of yin and Yang, to the contract agreed price for customers 2115Yuan, but to the company's contract price only1407Yuan, only the actual receipt of a company's cash1407Element. Changzhou Su pump pump Co., company to issue a proof. Lee this play favouritism and commit irregularities serious violation of the rules and regulations of the company, a company with Lee to terminate the labor contract in accordance with the law, a company without paying Lee illegal remove labor contract damages. The trial court finds that the facts are not clear, the improper application of the law. Request for revocation of the trial court first about illegal remove labor contract damages judgment, a request to the company does not pay Lee illegal remove labor contract damages 181 866Element.2At the court ruled that Mr. Lee should be returned to the company15000Yuan and10000Yuan a single payments that are inconsistent with the actual, the company believes that two should be refunded. About15000Yuan a single payment, some companies think, Li Mou of the signed loan certificate at a company, that Lee has actually received the money, the trial court held that this money has not actually obtained based on the lack of lee. About10000Yuan a single payment, a company employee reimbursement service fees shall be prescribed in the expenses occurred within one month after to the director of audit, Lee until the arbitration to claim the business expense reimbursement, not in conformity with the provisions, shall be refunded the money. The request for revocation of the original judgment second, commuted Lee full return a company a paragraph25000Element.
During the trial of second instance the appellant a company to provide two sets of new evidence:
　　1Appellee Lee in2002Written years entry when a personal memoir, called graduated from the Xi'an Technological University Department of material engineering, in order to prove Lee entry is made false statements;
　　2. the appellant a company personnel information card two, to fill in time2008Years6Month9Day,2009Years4Month30Day, fill in the artificial appellee lee. Among them"Level of Education"Column were filled in as graduated from the Xi'an Technological University, aims to prove that Lee will experience cheating the company, and in2008Continue to deceive the company year to renew the labor contract after.
The appellee Lee argued:1The appellant. Enter a company according to a company recruitment requirements to provide false proof of qualifications,2008Years8A month after the company from top to bottom for Lee to provide false diploma things are known, and therefore not on Lee promotion, this is a company on the Lee's treatment.2008Years12A company with Lee to renew the labor contract, that a company considering Lee's business ability and no longer care about the fabrication of academic credentials. At the same time think Mr. Lee, the on-the-job performance has been very good, complete with should have the ability to service personnel, from the perspective of fair and reasonable, not only in fabrication of academic credentials on grounds of labor contract.2010A company to fabricate academic credentials for labor contracts, the company removed the old staff excuse, a company should pay for their illegal remove labor contract damages;2At about 15 000Yuan a single payment, the loan form without company supervisor sign, Lee didn't get the money, don't agree to return. About10000Yuan a single payment, a company operating procedures have a certain amount of employee reimbursement business expenses, so to Lee the money not timely reimbursement. Lee believes that the trial court judge is appropriate, request the second instance court dismissed a company appeal according to law, maintaining adjudgment.
The appellee Lee did not submit new evidence.
Court held that the two groups of evidence is reinforcing the appellant a company on the evidence of a company, although in the second to provide, but by the authenticity of the appellant Li to the evidence has not denied the authenticity of the evidence, the court shall confirm.
Shanghai second intermediate people's Court of second instance trial by, confirmed the finding of facts.
Find out the other, a company employee handbook "provisions" article thirty-fourth the appellant:"Employees have any of the following serious violations of the company policies situation, the company will be fired, and do not give any economic compensation:......... 2.By deception false professional qualifications or other record......."
The focus of the dispute is the trial of the case:1A company. Appellant and appellee Lee terminate labor contract is legal, a company should pay Lee illegal termination of the compensation contract;2Lee should be refunded. A company that two payments.
Shanghai second intermediate people's Court of second instance that:
The appellee Lee in the job provides false degree and make a false statement behavior have apparently constitute fraud. But Lee in2008Years12Whether fraud controversial at the end of a company and the appellant to renew the labor contract, the key is to renew the labor contract when a company whether know Lee a fabrication of academic credentials and made the mistake of intention. First of all, Lee with Ma Yuxin recordings, to prove to renew the contract when the company is known by the false degree a thing, but the recording has many obscure places, is not sufficient to prove that Ma Yuxin has told Lee forged qualifications of a company. Second, the written testimony of a company providing Ma Yuxin said because of job transfers will not Lee fabrication of academic credentials of the report to the company, also not the matter dealt with. Although managers Ma Yuxin Department of a company, have a certain relationship with the company, but the evidence is not the only evidence, the proof can be combined with other evidence synthesis judgment. Third, a company providing order display, a company with Lee to renew the labor contract, Ma Yuxin has indeed been transferred to him. Fourth, Lee2009Years to fill in personnel card"Level of Education"Column is filled in as Xi'an Technological University materials engineering department. Comprehensive analysis of the parties burden of proof, that the Li to provide false degree the entry when a thing has been taken to hide attitude, Li Mouyi no evidence that provide false behavior of education has for a company is aware of and has been understanding, so Lee in2008Years12Still constitute fraud month renewed when labor contract, labor contract No.26, No.39Clearly, with fraud means that concluded in violation of the true meaning of the labor contract is invalid, the employer may terminate the labor contract according to. Therefore, a company with Lee to terminate the labor contract has a legal basis, should not pay for illegal remove labor contract damages. In addition, the labor law of our country in the full protection of the legitimate rights and also to protect the employer legitimate employment management right. The employer by the rules and regulations of enterprises the necessary restraint of the laborer is the important means of administration according to law. A company "Employee Handbook" provisions of article thirty-fourth, the employee by deception false professional qualifications or other experience, the company will be fired, and do not give any economic compensation. At the hearing, Li to the "Employee Handbook" authenticity and no objection. Li Mou provides any false record of formal schooling behavior is also strictly prohibited rules of a company, a company in accordance with the rules and regulations of the enterprise and Lee terminates the labor contract in accordance with the law, is the embodiment of the exercise of power, or not. Moreover, Lee in2007Years has signed a letter of commitment "office", content:"I as a staff Shanghai machinery limited company, the following commitment:......My personal materials available to the company before is true, if false, is willing to unconditionally by the termination of the contract......". This book is his commitment to Lee with a company based on the agreement of the principle of good faith, Lee for the violation of legal obligation should be clear. The two sides agreed not to violate the law, is a legitimate and effective. Therefore, from the perspective of a company commitment, in found that Lee fake qualifications, based on commitment and terminate the contract is based on the. For a company that Lee with the customer to sign the contract of yin and Yang, earn price difference, serious violations, requesting rescission of the labor claims, because of lack of evidence, it is difficult to adopt. But this does not affect a company on the basis of Lee forged degree, cheating the company, violationThe labor contractThe rules and regulations and the company and its own reason to exercise the right to rescind the contract commitment. The court of first instance of a company dissolution and Lee's labor contract is illegal, a company shall pay Lee illegal termination of contract damages that improper, should be corrected.
About the appellee Lee should return the Department for payment problems. The controversial focus of differences between the two sides is a company that the appellant15000Yuan loan fact is established, Lee submitted6922The element is a company certificate shall be reimbursed. In this regard, the parties concerned shall provide sufficient evidence to confirm that stands on its own. For a company requesting the return of the 15 000Yuan a single payment, the temporary support payments according to Li Mou provides a single document that a company is the leader of the examination and approval system, need to fill in a form submitted to the competent approval signatures, and a single the loan without supervisor sign, a company also did not provide evidence of the other to Lee spending the money, the court of first instance that the loan was not sufficient facts. For a company requesting the return10000Yuan business money problems, Lee work in a company during the work required for business expenses, a company shall be reimbursed. Now Lee has submitted evidence for the business cost6922Element, and a company and no evidence to prove that the cost for Lee, the costs, a company shall be reimbursed. Now Lee agreed to return the balance3078Yuan, not contrary to law. A company for reimbursement of fees should be in business expenses occurred within one month after the director of audit is to not be reimbursed, the lack of basis. The court of first instance has two money finds that the facts are clear, the decision is not wrong.
Accordingly, the Shanghai second intermediate people's court:
A people's Court of Jiading District, Shanghai, maintain 2010.Jiamin four(The people)At the beginning of the word no.418Civil judgment of the text second:
Two, the revocation of Shanghai Jiading District people's court 2010.Jiamin four(The people)At the beginning of the word no.418Civil judgment of the first, third;
Ten days to pay the appellee Lee three, the appellant a company shall come into effect from the date of judgement2009The fourth quarter of the Year Award(The Commission)The difference of RMB 20493．89Element,2010In the first quarter bonus(The Commission)RMB1198．40Element,2010The second quarter of the Year Award (The Commission)RMB32213The above three yuan, a total of RMB53905．29Element;
Four, the appellant a company does not pay the appellee Lee illegal remove labor contract damages the request support.
This judgment is the final judgment.