Employment For Four Months, Only One Month Salary To Appeal.

A worker worked in a company in Qingzhou for four months, but the company paid only one month's wages and did not sign a written contract. After resigning, the workers applied for labor arbitration. 28, the reporter learned from the Qingzhou court that the company refused to accept the ruling and sued the court, but was sentenced to pay double wages.

In April 2014, his hometown in Hubei went to a Qingzhou pipe company for mechanical maintenance. At that time, he agreed with the company that the wage calculation was piecework wage. At the beginning of June, the company paid for the April salary in the direction of Qi, but has not paid any more money since then.

In July of the same year, Qi submitted a resignation letter on the ground that the company owed wages and did not sign a written labor contract and left the company. On the day of resignation, Qi applied for labor arbitration to the labor and personnel dispute arbitration committee. In August 2014, the Arbitration Commission ruled that the company paid 9783 yuan of wages owed to Qi one time and 8177 yuan in June and July. The company refused to accept the ruling and sent it to the Qingzhou court.

Reporters learned that in the trial process, Qi submitted his work clothes, meal cards, and his resignation letter and attendance photos. The court held that the evidence was sufficient to confirm the labor relationship between the two sides. According to the four months' attendance and workload of the company, the court finally decided that the company should pay a total of 17960 yuan to the company.

28, reporters learned that the defendant company in the case was not signed with the workers. contract And in arrears of wages, he was sentenced to pay double wages to three people including Qi.

The case told reporters that since the date of April 12, 2014, the company has established labor relations, and the date is also the date for the two parties to sign labor contracts. Qi's resignation in July 8, 2014 is precisely the exercise of laborers' rights.

He said, double time There is a time limit, that is, from the date of employment, more than one month is less than one year. That is to say, the period of payment for double pay is at most eleven months, because employers themselves Day of employment If a worker fails to conclude a written labor contract with a worker for a full year, he shall be deemed to have entered into an unfixed term labor contract between the employer and the worker, that is, a life contract.

The court staff specifically suggested that double pay requests were limited by procedure and limitation, because double wages were the category of labor disputes, so workers should apply for arbitration to labor dispute arbitration agencies before litigation. At the same time, the time limit for applying for arbitration is one year, counting from the date when the party knows or should know that his rights are infringed.