Leaving Employment Contracts Alone Based on Falsified Resume Information
In a recent development, the Appeal Court of Binh Duong province has issued a verdict that sheds light on the intricate balance between an employer's rights and an employee's privacy rights in Vietnam. The case, which revolved around the unilateral termination of a labor contract, offers valuable insights into the verification of employee CV information and the implications of providing false information.
Under Vietnamese labor law, an employer has the right to unilaterally terminate a labor contract if the employee provides false information in their resume. This breach of trust constitutes a legitimate ground for termination, provided that the employer can prove that the misinformation was significant and materially affected the employment relationship.
However, the employer must comply with the legal procedure in such cases. The labor code provisions allow termination in cases where employees fail to meet contractual or legal obligations, but the employer must bear the burden of proof to demonstrate the significance and material impact of the misinformation.
Regarding the verification of employee CV information, Vietnamese privacy law and labor regulations do not provide an explicit, detailed framework solely dedicated to CV verification by employers. However, verification must be conducted lawfully. It should be limited to information relevant to the employment relationship and job requirements, and employers must comply with general personal data protection principles, including transparency and necessity. Consent of the employee is advisable before verifying CV details to align with privacy and data protection norms under Vietnamese law.
Unauthorized or excessive verification that infringes on employee privacy may lead to legal consequences or administrative sanctions. It is crucial to note that while the labor code governs termination grounds, privacy rules implicitly require that employers respect employee personal data rights during their verification process.
In a notable labour dispute case from September 2023, a district people's court in Vietnam adjudicated a dispute between a local company and a former employee. The case addressed two legal issues employers should note: whether an employer can terminate a labor contract unilaterally if information in the employee's CV is found to be false, and whether an employer has a lawful basis to verify employees' CV Information by sharing relevant personal data with former employers.
The employee claimed the company illegally terminated his labor contract and infringed his personal data protection rights. However, the trial court and court of appeal upheld the defendant's arguments and rejected the employee's claims.
Investors and legislation continue to grapple with issues related to energy contracts in liquefied natural gas projects in Vietnam, affecting the country's efforts in energy reform. Meanwhile, the 10th session of the 14th National Assembly was recently kicked off, focusing on socioeconomic development orientations for the next year.
In conclusion, Vietnamese law offers a clear stance on the unilateral termination of labor contracts due to false information in CVs, as long as the employer can prove the misinformation was significant and materially affected the employment relationship. Employers must exercise caution when verifying CV information, balancing their needs with the privacy rights of employees under existing laws.
The employer must be aware that while verifying the CV information, they should abide by the general personal data protection principles, including transparency and necessity, to avoid infringing on employee privacy.
In the realm of sports, it's worth noting that athletes' CVs might also require scrutiny, and the principles of lawfulness, transparency, and necessity in the verification process should apply equally, just as in any other employment scenario.
