Workers Who Fail To Sign Labor Contracts May Claim Double Pay.

< p > < strong > citizens reflect: after nearly a year's work, the hotel did not sign a href= "http://www.91se91.com/news/index_c.asp" > labor contract < /a > /strong > /p >

< p > yesterday, Mr. Yang told the newspaper that he had worked in a hotel for nearly a year and had not signed a labor contract.

He has asked the personnel department of the hotel many times, but the personnel department has found various reasons for it.

Gradually, Mr. Yang did not take this matter to heart.

< /p >

< p > later, the hotel had an employee to resign, but because there had been no labor contract, the two sides had disputes on many issues.

Mr. Yang felt that signing labor contracts could protect the rights and interests of workers. Later he looked for the personnel department of the hotel to communicate with him, but the problem was still not solved.

< /p >

Under P, Mr. Yang came to this newspaper for help.

He said: "hotels and laborers should establish a href=" http://www.91se91.com/news/index_c.asp "> labor relations < /a >, and they should sign labor contracts.

If you don't sign a labor contract, can you find the legal responsibility of the hotel? < /p >

Reporters run errands: no sign of labor contract units should bear the responsibility of < a href= "http://www.91se91.com/news/index_c.asp" > two times the salary < /a > responsibility strong /strong > /p > p

< p > for this reason, reporters and Mr. Yang came to the Municipal Federation of trade unions to look for legal aid.

In view of Mr. Yang's situation, the lawyer of the city's workers' rights protection volunteer group and lawyer of Guangdong Hecheng law firm Qin Guan Quan provided legal advice.

< /p >

< p > Qin Guan Quan lawyers analyzed that according to the seventh provision of the labor contract law, the employer set up labor relations with the laborers from the date of their employment.

The tenth rule: "to establish a labor relationship, a written labor contract should be concluded.

If a labor contract has been established and no written labor contract has been written at the same time, a written labor contract shall be concluded within one month from the date of the employment. "

< /p >

< p >, therefore, timely signing of written labor contracts between employers and workers is mandatory in law.

At the same time, the eighty-second provision of the labor contract law stipulates: "the employer has signed a written labor contract with a worker for more than a month after the day of his own employment, and shall pay two times the monthly salary to the laborer.

If the employer fails to conclude a labor contract without a fixed term in violation of the provisions of this law, he shall pay the laborer two times the monthly salary from the date of the conclusion of the contract. "

Obviously, if the employer fails to sign a written labor contract in accordance with the law and violates the tenth provision of the labor contract law, it shall bear the adverse legal consequences of not signing a written labor contract in accordance with the eighty-second provision of the labor contract law.

< /p >

< p > < strong > lawyer reminds: unit does not sign labor contract workers can protect rights according to law < /strong > < /p >.

< p > Qin Guan Quan lawyers suggest that Mr. Yang can bring labor arbitration to the labor and personnel dispute arbitration committee where he is located and safeguard his legitimate rights and interests.

< /p >

< p > in addition, it should be noted that according to the eighty-second provision of the labor contract law, the employer's duty to pay two times the salary is a no fault liability. If the result of a written labor contract signed by a useful person has not been signed with the employee for more than a month, the employer should bear the responsibility of "two times the salary" without asking the cause and fault.

< /p >