Q. We posted a job opening to hire new workers, and we hired one of the applicants based on his resume. Later, however, I discovered that he had falsified his previous working period, stating that it had been two months longer than the actual working period. Can I terminate the employment relationship with the employee for this reason?
A. Unilateral termination of labor relations by the employer corresponds to dismissal. Therefore, for workplaces with 5 or more ordinarily employed workers, a dismissal will only be legal if it is recognized that the employment relationship cannot be continued on the basis of social norms since it is subject to the restriction rule of Article 23 of the Labor Standards Act.
A dismissal based on false statements in the resume, such as falsely stating the length of the previous working period as is the case in this question, whether the employment contract can be continued based on social norms has to not only consider the circumstances at the time of hiring, such as if the employer would not have concluded an employment contract or concluded a contract at least under the same conditions if he/she knew beforehand about the fact in question, but it should also be judged comprehensively in consideration of various factors such as the contents and the working period of the relevant worker from hiring to dismissal, whether the false statement obstructed the normal provision of labor, how the employer became aware that the statement was false, the attitude of the worker, actions of the employer after knowing the fact, effect on maintenance of the trust between labor and management and among workers, and maintenance of stable business management and order.
However, the reasons the employer requests a description of the employee’s working period in a resume are to acquire data to judge the sincerity and honesty of the employee and ability to adapt to the company’s working environment in addition to evaluating work capacity and ability to maintain stability in the management environment. This can be regarded as an important consideration not only for the conclusion of employment contracts but also for the maintenance of employment relations. Therefore, if the employment rules stipulate that falsely stating on the resume at the time of hiring as a reason for disciplinary dismissal, its justification will be recognized, unless it is unreasonable according to social norms when considering the circumstances before and after the hiring.
It is difficult to give an accurate answer because the specific details are unknown. However, if false statements on a resume are not specifically stated as a reason for disciplinary dismissal, and the worker was able to provide normal labor without trouble, and the worker admitted the fact voluntarily and expresses genuine regret for the falsehood, then it may be difficult to justify a dismissal on the grounds of the false statement. However, other disciplinary measures (warning, salary reduction, suspension) may be considered.