No Matter Unit Or Employee Refuses To Sign Labor Contract Unit Must Pay Economic Compensation.

In April 1st, the reporter learned from the court of Wuhou District of Chengdu that the court decided that a building decoration company in Sichuan, a plaintiff, had signed a written labor contract with the defendant Luo to compensate the defendant for a two times salary difference of 16005 yuan.

This case reminds us: no matter unit or worker reason, during the duration of labor relations, as long as the company fails to sign labor contracts with employees, the company violates the labor law and is faced with the risk of paying two times the wages to the employees.

Plaintiff, a building decoration company in Sichuan, claimed that in September 2013, defendant Luo was hired and served as a budget officer at the plaintiff.

The plaintiff has repeatedly requested to sign a labor contract with the defendant, but the defendant refused to sign it.

Therefore, before the defendant left in July 2014, the plaintiff did not sign a labor contract with the defendant, nor did he pay social insurance for him.

After leaving, he submitted an arbitration to the labor and personnel dispute arbitration committee of Chengdu, requesting the plaintiff to pay the defendant, for failing to sign a written labor contract, to compensate his double wage difference of 20385 yuan, and to cancel the economic compensation for labor relations by 2265 yuan.

In response, the Arbitration Commission supported Luo's arbitration request.

A building decoration company in Sichuan disagreed with the ruling, and thought that the reason for not signing the labor contract was that Luo refused. Therefore, he filed a lawsuit with the Wuhou District people's court.

The court held that during the duration of the labor relationship between the original defendant and the defendant, the decoration company did not sign a labor contract with Luo and did not pay social insurance for the defendant. It should bear the corresponding legal liability according to law and pay the two times wage difference between the defendant and the defendant during the period from October 11, 2013 to July 2014.

Finally, the court ruled that the plaintiff, a building decoration company in Sichuan, paid two times as much as the defendant Luo did not sign a written labor contract.

A total of 16005 yuan, a total of 1975.45 yuan of economic compensation, and dismissed other plaintiff's claims.

The judge believed that the case involved two legal issues.

One is the issue of labor arbitration; two is the problem of two times the salary.

When there is labor dispute between workers and employers, the arbitration should first be submitted to the labor arbitration department.

This is the pre procedure prescribed by law.

That is to say, any dispute relating to labor should be referred to the labor arbitration department for arbitration in addition to disputes over wages but arrears of wages.

If the result of the award is not followed, the court may file a claim.

Article tenth of the labor contract law of the People's Republic of China stipulates that the establishment of labor relations shall be concluded in writing.

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At the same time, the fifth provision of the regulations on the implementation of the labor contract law of the People's Republic of China stipulates that within one month after the date of employment, the employer shall notify the worker in writing of the termination of the labor relationship without notice in writing, if the employer fails to conclude a written labor contract with the employer.

Pay economic compensation.

Here, the judge reminded employers that signing labor contracts with workers is a legal requirement, and not because workers refuse to sign contracts.

If a worker refuses to sign a labor contract, the employer should notify him in writing to terminate his labor relationship. Otherwise, the employer still has to face the risk of paying two times the wages of the laborer.