Is it still necessary to pay wages when the contract is invalid due to false academic qualifications？

This newspaper (reporter Zhang Zhen) should the unit pay wages for employees who have forged their academic qualifications when they join the company? A few days ago, the Qingdao Labor and Personnel Dispute Arbitration Commission ruled that although the employee’s academic fraud was deemed as an invalid contract, the employee provided normal labor and the employer should pay the labor remuneration.

On November 1, 2020, Li applied for a sales position in a food company in Qingdao, falsely claiming that he had a bachelor’s degree and signed a three-year labor contract with the company. In August 2021, Li resigned, and the food company failed to pay his salary in July and August 2021. Li filed an application for labor arbitration, demanding that the food company pay a total of 8,274 yuan for these two months.

During the trial, the food company admitted that it owed Li a salary of 8,274 yuan in July and August, 2021. However, Li’s post education required an undergraduate degree. According to Xuexin.com, Li did not obtain an undergraduate degree. According to the company’s rules and regulations, Li’s academic fraud caused the company to provide a position that did not match his academic qualifications. Therefore, the labor contract signed by both parties was invalid, and Li should return the salary that was obtained because of academic fraud.

Li believes that although he does not have a bachelor’s degree, his working ability can meet the job requirements. He provided normal labor in July and August 2021 and deserves corresponding labor remuneration.

The Arbitration Commission believes that the post requirement set by the food company during recruitment is a bachelor’s degree, and Li lied that he met the requirements before the food company entered into a labor contract with him, and Li was fraudulent. According to Article 26 of the Labor Contract Law, if the other party enters into or changes the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others, the labor contract concluded by both parties is invalid.

However, according to Article 28 of the Labor Contract Law, "If the labor contract is confirmed to be invalid and the laborer has paid the labor, the employer shall pay the labor remuneration to the laborer", Li provided normal labor in July and August 2021, and the food company is still obliged to pay his salary.

In the end, the arbitration commission ruled that the food company paid Li a total of 8274 yuan for two months.