Can The Personnel Manager Sign Twice His Salary By Signing His Own Contract Later?

Hu is preparing to set up an investment management company to recruit Chen as the personnel manager of the pre established company during the preparation period, and assign her to handle matters such as company registration, personnel recruitment and other matters, and report to Hu. After the entry of Chen, Hu has been urging Chen to draw up a labor contract template as soon as possible so as to sign a written labor contract with his employees as soon as possible after the company is registered. Chen has been delayed for a long time until the company has completed the registration of labor contracts after several months of registration, and sent it to Hu in the form of e-mail. After verification and confirmation on the same day, Mr. Hu arranged for all personnel to sign a labor contract, and the date of signing the contract was written as the actual date of entry. However, Chen and his company signed the contract in particular. A few months later, Chen resigned, but after leaving, Chen filed an arbitration application and asked the company to pay double wages from the date of employment from the date of the contract to the actual date of signing.

Chen is a personnel manager of the company. Because he has not worked out a labor contract, he has not written a written labor contract in time. Does the company still have to pay double wages without written labor contracts?

Chen believes that signing a labor contract is a statutory obligation of the company. Chen also works as a recruited employee, and her position does not affect her rights as an ordinary laborer.

The company believes that the company has been urging Chen to complete the draft of the labor contract template as soon as possible, and Chen has been delayed in his own work, which led to the company's staff. Labor contract Without timely signing, Chen has an inescapable responsibility for this. The company does not have to pay double wages.

According to the Arbitration Commission, Chen worked as a personnel manager to draw up a labor contract template and complete the labor contract signing work between the company and his employees, which is within the scope of his duties. Chen has been reluctant to perform his duties, resulting in the two parties failing to sign written labor contracts in time. responsibility It cannot be borne by the company. Therefore, he rejected Chen's request for a double wage without signing a written labor contract.

The eighty-second provision of the labor contract law stipulates that " Employing unit If a worker fails to conclude a written labor contract with a worker for more than a month from the date of his own employment, he shall pay the laborer two times the monthly salary. " The provision is designed to protect workers' rights and interests, and strictly requires the units to sign written labor contracts with workers in time. Therefore, in the general worker's case, as long as the unit fails to sign a labor contract with the laborers in time, it must bear the responsibility of paying double wages. But for general managers, personnel managers and other special groups who have the power of personnel management, in judicial practice, the reasons and faults should be strictly examined when dealing with disputes involving double pay for unwritten labor contracts. Usually, a referee will examine the specific duties, duties and terms of reference of the laborers, and examine the process of concluding written labor contracts between the employer and the laborer, so as to determine whether the worker is responsible for the personnel management work of the employing unit, and whether there is a case where the laborer deliberately does not enter into a written labor contract with the particularity of his authority. Therefore, in such cases, whether or not the unit needs to bear double pay is mainly based on whether the employer can provide evidence to prove that the work responsibilities and terms of reference of the workers include personnel management, the signing of labor contracts and their related duties, and the fact that the unit has made an honest and sincere discussion on business obligations, and that the fault should be placed on the worker side without the written labor contract.

In this case, Chen's position is the personnel manager, from Hu to Chen's urging mail and Chen to send the labor contract template to Hu's mail, and all the staff's labor contract signing work is completed by Chen arrangement. It can be proved that the work of signing the labor contract belongs to Chen's duty scope, so the two parties have not signed the labor contract because Chen is lazy in exercising his job duties. The parties can not benefit from their mistakes, which is also the basic principle of civil law. Therefore, Chen's request was not supported.