Is Double Pay Only Applicable To The First Unsigned Contract?

Comrade Ma: I am in charge of a company with a monthly salary of 8000 yuan.

The two sides signed a labor contract lasting from May 1, 2014 to April 30, 2015.

After the expiration of the contract, the two sides have not renewed the labor contract, but I work as usual, and the unit also continues to pay my wages and pay the social security fee according to the original labor contract.

In mid June of this year, I submitted my resignation to the unit and approved it.

After returning home, a friend told me that after the expiration of the contract, the unit did not sign a labor contract with you to maintain the labor relationship, so that it had to pay double wages.

But when I proposed to the former Minister of personnel, he refused, saying that it would be possible to continue to perform in accordance with the conditions stipulated in the original contract, without signing a written labor contract every time.

Besides, I have already left my job. Where did I get two times the salary without signing the contract? Is it twice applicable to the first labor contract? Is there any basis for my request? Please answer it.

Reader Zhang Xiao Zhang:

Your unit believes that a labor contract has been signed and the contract expires, although it has not been renewed, but both parties have continued the employment status and the original contract content. Therefore, they do not comply with the eighty-second clause of the labor contract law and should pay two times to the laborers per month.

It is wrong to refuse to pay twice your salary.

Labourers

After the expiration of the contract, the employer still works. If the two parties fail to renew the labor contract, should the employer pay two times the salary? There are some disputes in the actual employment.

For the first time a worker enters the employer's work, if the employer fails to sign a labor contract with the employee, the employer should pay double wages. This is not ambiguous.

While maintaining

The labor contract was not renewed in time, but the treatment, post and so on remained unchanged, and the relationship between rights and obligations was clear.

However, the eighty-second provision of the labor contract law stipulates that the employer should pay two times the monthly salary to the laborer if he fails to conclude a written labor contract with the employee for more than one month after the day of his own employment.

This does not specify only the first contract, and the renewal of the contract thereafter is not subject to this restriction.

We should explore it from the angle of legislative purpose.

First of all, the "labor contract law" set a double pay penalty, the purpose is to advocate through signing a written labor contract, clarify the rights and obligations of the two sides, in order to stabilize labor relations.

The tenth article of the labor contract law clearly stipulates that a written labor contract should be concluded in the establishment of labor relations. It should be understood that a written labor contract should be concluded during the generation and duration of labor relations, including the first conclusion and renewal.

If it is only understood as the first labor contract to establish a labor relationship, it will result in the employer having concluded a labor contract with the laborer, and even if he does not renew it in the future, he will not have to bear the legal consequences of not signing the labor contract, which is obviously contrary to the legislative intent of the labor contract law.

At the same time, it is also not conducive to the protection of workers' rights and interests, because there is no infringement or controversy at the moment, which does not mean that it will never happen again.

Therefore, a legitimate employment must start with signing a written labor contract.