Enterprises Pay Double Wage Difference Of More Than 50 Million.

Without signing a written labor contract, a wooden door company in Chongqing made a bitter pill and paid twice the salary of more than 1 million yuan.

11, reporters learned from the fifth intermediate people's Court of Chongqing that the court made a two trial for a series of labor disputes involving 10 workers of a wooden door Co., Ltd. and Tang, and ordered the company to pay a double wage balance of more than 50 million yuan.

A wooden door Co., Ltd. of Chongqing is a modern and comprehensive enterprise that manufactures and sells indoor doors.

From May 2012 to October 2013, Tang and other 10 people worked in paint, scraping, stickers and other work in the company. The remuneration was calculated according to the piece and paid by natural month. Wang, a legal representative of the company, paid the monthly remuneration through online banking pfer on the 10 day of each month. However, the two sides did not sign a labor contract, and the company did not buy social insurance for Tang and others.

According to the type of work and completion of work, Tang and others pay 4500 to 12000 yuan per month.

From August 2013 to October, Tang and others had left the company because of conflicts with the company and applied for labor arbitration.

After arbitration, the Labor Arbitration Commission held that wood door Co., Ltd. and Tang et al. Constituted labor relations. Because the company did not sign a labor contract with the laborers, it decided that the company would pay the difference of double wages between Tang and others.

Wooden Door Co., Ltd. disagrees with arbitral awards.

The prosecution said that the company did not form a labor relationship with Tang and others, and the legal representative of the company was paying personal expenses on a monthly basis.

The court held that the company and Wang did not sign a written contract with Tang and others. Wang acted as the legal representative of the company. The monthly fixed date pfer behavior was more in line with the characteristics of the labor remuneration paid in the labor relations, so Tang and others established a de facto labor contract relationship with the company.

Since the company did not conclude a written labor contract with the laborer for more than a month since its employment, the court made the decision.

After the sentence, the judge resolved that

More than one month, no written labor contract will be applied to double pay punitive provisions.

The employer has not entered into a written labor contract with the laborer, and the labor contract law has made punitive provisions for paying double wages.

Some enterprises are out of employment.

The purpose of paying social insurance premiums is not enough, or if it is considered to be labor relations on employment, no written contract will be signed.

The labor force is in a weak position and will not raise any objection in the process of employment. Once they leave, they will assert their rights to the employing units. Employers often lose their jobs.

In particular, some small and micro enterprises continue to use family workshop mode management, because the legal awareness is not in place to pay an unnecessary price.

In this case, as a modern comprehensive enterprise, its remuneration is much higher than the local average level, nor has it ever been in arrears with remuneration, but it has paid a high price for not signing a written contract.

The judge reminded that in the process of employment, enterprises must sign written contracts, whether labor relations or outsourcing, so as to avoid similar problems.