“隐婚”作为一种社会现象引发着理论以及实务的探讨。婚姻状况并不是隐私,“隐婚”签订的劳动合同在形式上构成了欺诈;但如果认定为欺诈,则在内容上构成了就业歧视。基于对劳动者保护的立法宗旨,根据理性目的的解释,法律不能也不应该将“隐婚”认定为欺诈而使劳动合同无效。 “Hidden marriage ” as a social phenomenon triggered by the theory and practice of. Marital status is not privacy, and the labor contract signed by “hidden marriage” constitutes fraud in form; however, if it is fraudulent, the content constitutes discrimination in employment. Based on the legislative purpose of the protection of workers, according to the rational purpose of the explanation, the law can not and should not be “hidden marriage” as a fraud and the labor contract null and void.