A real-life case: a public institution recruits a staff member, and the applicant is required to have a bachelor's degree, and a graduate degree is preferred. When Kang applied for the job, he submitted his resume to the employer, and clearly stated in the resume that the master's degree required for the position was required, while the other applicants were all bachelor's degrees. After reviewing the resume, the employer interviewed Kang, and he was on a par with another applicant, and the employer was torn between him and the other applicant. Finally, because Kang has a master's degree, he is given priority in admission and signs a three-year labor contract with him. Subsequently, in the daily work of the unit, the employer found that Kang's actual ability was not consistent with his academic qualifications, and after verification, Kang only had a bachelor's degree.
Lawyer's analysis: In this case, Kang's fixed-term labor contract signed with the employer in a fraudulent manner should be found to be invalid, and the public institution may terminate the labor contract with Kang in accordance with the law.
Legal basis: Paragraph 1 of Article 26 of the Labor Contract Law of the People's Republic of China The following labor contracts are invalid or partially invalid: (1) Fraud, coercion or taking advantage of the danger of others to make the other party conclude or modify the labor contract contrary to the true intention.
This case is excerpted from Labor Contract Law Case Reader, China Legal Publishing House, pp. 91-93.
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