对以欺诈手段订立劳动合同的法律思考

Legal Thinking on the Labor Contracts Agreed Fraudulently

以欺诈手段订立的劳动合同,合同内容违反法律、行政法规的强制性规定或违背公序良俗时,劳动合同无效,欺诈方应承担侵权责任。除此之外,应赋予受欺诈方撤销或变更劳动合同、追究过错方违约责任的选择权。求职者为防止用人单位的就业歧视而进行的欺骗不属于欺诈行为。

Labor contract is in vain as its contents break the law, mandatory regulation in administrative law, or public order and good costume. The part which cheated the other part should afford the tort responsibility. In addition, the law should give the part which cheated by the other part some option rights to repeal or modify the contract and to ask them afford the responsibility of breach of contract. The behavior that job seekers cheat employing unit to avoid the employment discrimination is not fraudulent.