Can The Successor Pursue The Wages Of The Late Laborers?

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.

Finally, the Arbitration Commission supported Zhang's relatives.

The request for arbitration.

After death, why do the close relatives have the right to claim two times the salary of a written labor contract before their death?

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In view of the original intention, the relevant laws such as the labor contract law, the mediation and Arbitration Law and other related laws all regard "protecting the legitimate rights and interests of laborers" 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 achieve the purpose of protecting the legitimate rights and interests of the disadvantaged groups.

Judging from the nature of the two times wage, the first paragraph of the eighty-second clause of the labor contract law stipulates: "when the employing unit has been working for more than 1 months from the date of its own employment for less than 1 years, it has not signed a written labor contract with the laborer. It should pay two times the monthly salary to the laborer."

We can clearly see from the articles of law that the composition of the two times wage has a dual nature. The first rate of wages should be the remuneration of the labourers, and second times the wage is the punitive damages payable to the employer in performing the statutory obligations within the statutory time limit.

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.