Legal analysis
Because there is no signature of the parties, in labor arbitration, the parties can not recognize its authenticity and apply for appraisal; Those who forge evidence can be prosecuted separately, and the people's court will impose fines and detention according to the seriousness of the case. If a crime is constituted, criminal responsibility shall be investigated according to law. The labor contract is a very serious legal document with legal effect, and the employer should bear legal responsibility for forging the certificate of dissolution of the labor contract. In this case, the parties should safeguard their legitimate rights and interests by obtaining relevant evidence, through relevant legal procedures, through labor arbitration, through court proceedings and other effective means. The effective establishment of a labor contract is based on the voluntary "agreement" behavior of both parties, and the outstanding performance of this "agreement" in labor relations is that both parties can meet their own requirements and the requirements of the other party before signing the labor contract. These conditions and requirements must be objective. Once one party fabricates its own conditions, it will inevitably mislead the other party, so that the other party's expression of will cannot reflect its voluntary will. Therefore, if the employer adopts fraudulent means to cheat, the labor contract signed by both parties is of course invalid. In terms of specific treatment, the employer should not "dissolve" the labor contract. Because the "dissolution" of the labor contract is based on the "establishment" of the labor contract. On the basis of confirming that the contract between the two parties is "established", the labor contract can be "dissolved".
legal ground
Article 215 of the Criminal Law of People's Republic of China (PRC) is amended as: "Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined. "