Legal analysis:

1. Are there any legal risks when companies collect employees’ personal information?

It is certainly not illegal for an enterprise to collect, use, process and transmit personal information in accordance with the law. The so-called "in accordance with the law" means that during the recruitment and conclusion of a labor contract, the enterprise has the right to understand the employees and the performance of the labor contract in accordance with the "Labor Contract Law" Information, such as basic information, health status, knowledge and skills, academic qualifications, professional qualifications, work experience, home address, family composition, etc.

During the employment period, the enterprise shall establish an employee roster for reference in accordance with the provisions of the Labor Contract Law. The employee roster shall include the employee’s name, gender, ID number, household address, current address, contact information, employment form, Employment start time, labor contract period, etc.

After the enterprise obtains this information, it should keep it properly to ensure information security.

2. What matters does the company enjoy intellectual property rights on?

The written works, engineering design drawings, product design drawings, computer software, etc. produced by the enterprise all belong to the category of works, as well as various invention patents, trade secrets, etc., and the enterprise enjoys intellectual property rights in accordance with the law.

3. Will employees providing false information to join the company inevitably lead to the invalidation of the labor contract?

In practice, false information provided by employees does not necessarily lead to the invalidation of the labor contract, or does not necessarily constitute an act that can terminate the labor contract. Generally, it is necessary to consider the impact of false information and materials provided by employees on recruitment and performance of the labor contract. , whether there are substantial impacts and adverse factors on the work content.

If these false information and materials have no substantial impact on the performance of the labor contract, work content, etc., the determination of the labor contract as invalid or the termination of the labor contract will usually not be supported by law.

4. Can employees claim to withdraw their submitted resignation application or sign a negotiated termination (compensation) agreement?

In practice, there are usually three types of situations:

(1) After an employee submits a resignation application, he claims that he is pregnant, sick, or injured at work and requests to withdraw his resignation application;

(2) After the employee signs the negotiated termination (compensation) agreement, the agreement is invalid because of pregnancy, illness, or work-related injury;

(3) The company terminates the labor contract when the contract expires, and the employee continues to perform the contract because of pregnancy or illness. Labor contract.

This all involves the understanding and application of "major misunderstanding", that is, whether pregnancy, illness, etc. constitute a major misunderstanding, resulting in the behavior being revoked by the court.

5. Is the labor contract concluded by an employee lying valid?

In practice, whether an employee’s behavior constitutes “fraud” requires the following four conditions:

The employee subjectively has the intention to commit fraud and deliberately induces the company to make a wrong signing. The decision of the labor contract; fraud exists objectively and can be concealing the truth or fabricating facts; falling into a misunderstanding due to being deceived; an enterprise violates its true inner intention based on its own misunderstanding.

If an employee conceals information that involves employment discrimination, or information that is irrelevant to the signing of a labor contract, or information that is irrelevant to the company’s recruitment conditions, it will usually not be considered fraud.

Situations that may easily constitute fraud include fabricating or forging work resumes, experience, academic qualifications, professional qualifications, etc. If the company does not use this information as a necessary condition for applying for a job or entering into a labor contract, it will not constitute fraud. .

6. How should the company deal with employees threatening suicide, self-harm, or jumping off buildings?

In practice, after employees submit resignation applications or sign various agreements, they usually claim invalidity and request revocation on the grounds of coercion by the company. However, the probability of success is very low, and proving the existence of coercion by the company is a problem in itself. .

Of course, if an employee asks the company to renew the labor contract, sign a compensation agreement, return a resignation application or terminate a signed agreement by jumping off a building, committing suicide, etc., these situations all fall within the scope of the Civil Code. The act can be undone.

Therefore, in practice, when encountering the above situations, enterprises should obtain evidence through audio recording, video recording, calling the police, etc., and then request revocation through legal channels.

7. There is a contracting relationship between us and the personnel. Who will bear the losses caused to the third party?

8. Is the labor contract valid when the company takes advantage of employees’ ignorance of the law?

When signing a negotiated termination (compensation) agreement, the legal basis, standards, calculation methods, etc. of compensation should be explained to employees. If employees do not understand relevant legal knowledge or lack the ability to judge by taking advantage of , and a relevant agreement is reached, such agreement may be revoked.

9. Are electronic labor contracts and labor contracts signed by email considered in writing?

Data messages that can tangibly express the content through electronic data exchange, email, etc., and can be retrieved at any time, are deemed to be in written form.

In short, electronic labor contracts are in written form recognized by law. However, due to the fragility and easy change of electronic data itself, security and stability become issues when using electronic labor contracts. Top issues to consider.

10. How to properly handle the labor relations of missing employees?

The company knows that the whereabouts of its employees are unknown and treats them as absenteeism. We understand that there are compliance risks.

The safe approach is to suspend the performance of the labor contract according to the suspension of performance. During the suspension of performance, wages, social security and provident fund payments can be stopped without payment, and the time during the suspension of performance is not counted as working years.

If an employee’s whereabouts are unknown and two years have passed since he disappeared, the company can apply to the court to declare him missing. If the court makes a ruling to declare him missing, the labor contract relationship will be terminated in accordance with the law.

Legal basis:

"The People's Republic of China and the Civil Code"

Article 40 If the whereabouts of a natural person have been unknown for two years, interested parties may Apply to the People's Court to declare the natural person as a missing person.

Article 111: Personal information of natural persons shall be protected by law. Any organization or individual that needs to obtain other people's personal information must obtain it in accordance with the law and ensure the security of the information. It must not illegally collect, use, process, or transmit other people's personal information, and must not illegally buy, sell, provide, or disclose other people's personal information.

Article 123 Civil subjects shall enjoy intellectual property rights in accordance with the law.

Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:

(1) works;

(2) inventions, utility models, Appearance design;

(3) Trademark;

(4) Geographical indication;

(5) Trade secret;

(6) ) Integrated circuit layout design;

(7) New plant varieties;

(8) Other objects specified by law.

Article 146: Civil legal acts performed by the actor and counterparty with false intentions are invalid.

Representing the validity of hidden civil legal acts with false meaning shall be handled in accordance with relevant legal provisions.

Article 147: If a civil legal act is carried out based on a major misunderstanding, the actor has the right to request the people's court or arbitration institution to cancel it.

Article 148: If one party uses fraudulent means to cause the other party to perform a civil legal act against its true intention, the party that has been defrauded has the right to request the people's court or arbitration institution to cancel it.

Article 150: If one party or a third party uses coercion to cause the other party to perform a civil legal act against its true intention, the coerced party has the right to request the people's court or arbitration institution to cancel it. .

Article 151: If one party takes advantage of the other party's situation of crisis, lack of judgment, etc., causing the civil legal act to be unfair when established, the injured party has the right to request the people's court or arbitration institution be revoked.

Article 469: The parties may conclude a contract in written form, oral form or other forms.

Written form is a contract, letter, telegram, telex, fax, etc. that can tangibly express the content contained therein.

Data messages that can tangibly express the content through electronic data exchange, email, etc., and can be retrieved at any time, are deemed to be in written form.

Article 1,193 If the contractor causes damage to a third party or damages himself in the course of completing the work, the client shall not bear tort liability. However, if the orderer is at fault in ordering, instructions or selection, he shall bear corresponding responsibilities.