Can The Successor Recover Two Times The Wages Of The Late Worker?

In July last year, Zhang went to a construction company to work as a laborer. The two sides agreed to pay 2800 yuan per month, but they never signed a written labor contract.

On the evening of October 22nd, Zhang was injured in a collision with a car on his way home from work and died after hospital treatment.

In September of this year, Zhang's father, Zhang's son and Zhang's wife applied for an arbitration application to the local labor and personnel dispute arbitration committee, requesting a construction company to pay two times the wage of 4853 yuan without signing a written labor contract with Zhang.

In the end, the Arbitration Commission supported the claim of two times the salary of Zhang's relatives.

Why do the close relatives have the right to claim two times the salary of the written labor contract before their death?

From the point of view of labor legislation, the labor contract law, mediation and Arbitration Law and other related laws all regard "protecting the legitimate rights and interests of workers" as the fundamental purpose of their legislation, and promote the use of human rights by law to fulfill the obligation of signing labor contracts, so as to protect the legitimate rights and interests of vulnerable groups.

Judging from the nature of the two times wage,

"The eighty-second clause and the first paragraph stipulate:" when the employing unit has been working for more than 1 months and has not been working for 1 years with a written labor contract, it shall pay the laborer two times the monthly salary.

We can clearly see from the law that the composition of the two times wage is twofold, and the first wage should be the labor remuneration of the laborers.

It is a punitive damages that should be paid to the employer in performing the statutory duty within the statutory time limit. The time from the date of the occurrence of the illegal act of the employer to the end of the illegal act is

The illegal cost that must be paid.

In this case, a construction limited company failed to sign a written labor contract with Zhang. Its illegal activities directly resulted in the generation of two times wages and continued until the death of Zhang. The death of Zhang can only lead to the loss of his qualification as a laborer. However, the compensation that has been generated during the period of the existence of the principal qualification of the employee should be his legal personal property.

Judging from the main body of this case, according to the twenty-fifth provision of the labor dispute mediation and arbitration law, "workers die by their close relatives or agents to participate in arbitration activities."

In this case, Zhang's close relatives, as applicants, claim that the difference between the two times salary has a legitimate subject qualification.

Related links:

In a labor dispute case between Wen and A, Wen argued that his entry time was January 1999, and that A's official appointment was April 2012.

Wen provided his evidence as proof of his purchase invoice and other evidence, but A company could not provide effective evidence such as entry materials for Wen.

Finally, the labor arbitration agency accepted the evidence provided by Wen and supported the idea of entering the office in 1 months in 1999.

Comment: according to the seventh provision of the labor contract law, "the employer shall establish labor relations with the laborers from the date of their own employment.

The employing unit shall set up a staff register for future reference. "

The employing unit shall set up a roster of employees, and shall record, through the register of employees, the entry time and job position of the laborers.

In addition, according to the thirteenth judicial interpretation of the Supreme People's Court on the application of law in labor dispute cases (1), the employer shall bear the burden of proof for the labor dispute arising from the decision of the employer to expel, remove, dismiss, rescind the labor contract, reduce labor remuneration, and calculate the working life of the worker.

Therefore, the employer should bear the legal consequences of the lack of proof.