You have a criminal record as a minor, so you can't be forgiven, can you? Liu is a takeaway. He worked hard and soon became a stationmaster. However, the take-away company suddenly dismissed Liu for failing to tell him that he had a criminal record in his childhood and seriously violated the company's rules and regulations. After hearing the case, the Putuo District People's Court of Shanghai ruled that the take-away company was illegal and should bear corresponding legal responsibilities.

201165438 2004+102, Liu was sent to take-away platform company as a deliveryman by a dispatching company. He worked hard after he joined the company, and in February of the following year 1 he was promoted to be the stationmaster of Zhenbei Store. 2065438+May, 2005 1 day, the tripartite labor dispatch relationship ended, and Liu directly signed a labor contract with the takeaway company. At that time, the takeaway company asked Liu to manage Jing 'an Station and Zhenbei Station at the same time because of the vacancy of the stationmaster of Jing 'an Store, and verbally promised Liu two salaries. Since then, Liu has traveled between the two stations every day, working 14 to 15 hours on average every day.

However, on May 20, 20 15, the takeaway company suddenly dismissed Liu on the grounds that he had seriously violated the company's rules and regulations. After asking, Liu learned that the reason for being dismissed was that he did not tell the company that he had a criminal record in his childhood when he joined the company. To this end, Liu filed a lawsuit in Putuo court, demanding that the takeaway company pay economic compensation.

During the trial, the takeaway company said through background investigation that Liu had a criminal record before. When Liu signed a labor dispatch contract with the dispatching company, he checked "None" in the column of "No Criminal Record" in the employment application form, and also checked "None" in the column of "No Criminal Record" in the employment registration form when signing a labor contract with the takeaway company. According to the provisions of the labor contract, dishonesty or fraud, including but not limited to providing false information when applying for a job, is a serious violation of discipline, and the labor contract with Liu should be dissolved according to law.

Liu believes that the law stipulates that in order to prevent employment discrimination, the files of minors should be sealed, and there is no need to fill in criminal records when looking for a job.

The court held that according to the provisions of the Criminal Procedure Law, if a minor commits a crime and is sentenced to fixed-term imprisonment of not more than five years, his relevant criminal records should be sealed. No criminal record can be filled in when issuing documents such as filing a case and recommending employment. Therefore, there is no fault in Liu's behavior, and there is no dishonesty or fraud. In addition, according to the law, take-away companies have no right to inquire about criminal records, and it has been suspected of violating the rules to investigate Liu's criminal records through outsiders. The take-away company should bear the corresponding legal responsibility for terminating the labor contract with Liu on the grounds of serious violation of discipline, lack of factual and legal basis and violation of legal provisions.

Accordingly, the Putuo court ruled that the takeaway company paid Liu an economic compensation of 6056.88 yuan; 2065438+The wage difference in May 2005 was 1430 yuan; 200 yuan, April 2065438 +0 to May 20, 2065438 +05 refund fee.

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