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我国《劳动合同法》规定,劳动者持伪造学历、资格证书等与用人单位形成的劳动合同一般应认定为无效劳动合同,但对被确定无效之后的法律后果,现行法律规定比较模糊甚至矛盾。从保护劳动者权益的角度出发,劳动合同无效的效力不应具有溯及力,即使因劳动者的过错导致劳动合同无效,劳动者在履行劳动合同过程中依法享有的权利仍应得到保护。
China’s “Labor Contract Law” stipulates that laborers holding fake qualifications, qualification certificates and other labor contracts with employing units should generally be regarded as null and void labor contracts. However, the legal consequences after being invalidated are rather vague and even contradictory. From the perspective of protecting the rights and interests of laborers, the invalid validity of a labor contract should not have retrospective effect. Even if the labor contract is invalid due to the fault of the laborer, the rights enjoyed legally by the laborer during the performance of the labor contract should be protected.