• <abbr id="ck0wi"><source id="ck0wi"></source></abbr>
    <li id="ck0wi"></li>
  • <li id="ck0wi"><dl id="ck0wi"></dl></li><button id="ck0wi"><input id="ck0wi"></input></button>
  • <abbr id="ck0wi"></abbr>
  • <li id="ck0wi"><dl id="ck0wi"></dl></li>
  • Home >

    Advocate The Rationality Of Double Pay Compensation

    2016/7/10 22:56:00 33

    WorkplaceDouble PayCompensation

    Introduction of the case

    Applicant: Li Moumou, male, Han nationality, now living in a certain district of Fuxin.

    Respondent: Fuxin XX agriculture and Animal Husbandry Machinery Co., Ltd.

    The applicant claimed that: in early 2011, the applicant entered a mechanic workshop of a farming and animal husbandry machinery company. After he entered the factory, he asked the applicant to sign a labor contract and pay various social insurance.

    However, in the past 3 years, the applicants have been using various excuses to prevaricate, and in February 26, 2014, without any fault and without prior notice, the applicant terminates labor relations without any reason.

    Therefore, the applicant requests Fuxin labor.

    Personnel disputes

    The arbitration court ruled that the respondent paid double wages and financial compensation for the labor contract not signed.

    The applicant argued that the applicant applied to the applicant's office in 2011. After entering the factory, the applicant repeatedly asked the applicant to sign a labor contract and refused to sign a labor contract because of the applicant's personal reasons, so the respondent should not pay the applicant twice the salary.

    After the applicant has taken part in the work, he is often late for work and leaves early for 15 days or more. The applicant is discharged from the employment according to the labor law according to the enterprise system.

    Compensation

    Focus of controversy

    If the two parties have not signed a labor contract, is there any labor relationship between the two parties? Is the double wage and economic compensation claimed by the complainant conform to the law?

      

    arbitration award

    1. The economic compensation for the applicant's termination of labor relations is 6000 yuan, which is paid within 10 days after the award comes into effect.

    Two. The applicant's request for payment by the respondent is not supported.

    Case analysis

    If a worker fails to sign a labor contract for personal reasons, can he request the unit to pay double wages?

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

    In view of the understanding of this article, there is a view that as long as employers do not have the facts of signing labor contracts with workers, they should pay double wages to workers, regardless of the reasons for not signing labor contracts.

    However, we should note that the purpose of the eighty-second item of the labor contract law is to urge the employer to conclude a contract with the laborer in time. If the employer wants to pay double wages, it must satisfy the following two conditions: first, it has not signed a written contract for more than a month since the date of employment; two, the reason for not signing a written contract should be attributed to the employer.

    Specifically, in this case, the agriculture and Animal Husbandry Machinery Co., Ltd. has already informed Li that he signed a labor contract in accordance with the relevant provisions of the labor contract law, and the consequences of not signing a written labor contract were due to his personal reasons.

    As far as the case is concerned, a series of evidence provided by the company with written contracts signed by other workers can be confirmed. The company has actively expressed the intention to sign a written contract with Li, and Lee has received the meaning. The company does not exist the subjective intent of not signing the contract, nor has it signed the contract. It has not evaded the legal liability and damages the legitimate rights and interests of Li.

    Because the responsibility for not signing a written labor contract is in Lee, so the claim that it should pay double wages without signing the labor contract has not been supported by the labor and personnel arbitration court, and the labor and personnel arbitration court has only supported its claim for economic compensation.

    It can be seen from this case that although there is a formal appearance of laborers without signing the labor contract after the fact labor relations have formed with the employing units, it does not mean that they can get the support of the arbitration department because they do not sign a written labor contract to pay double wages.

    In practice, the arbitration department of labor and personnel disputes is in accordance with the relevant labor laws and regulations, starting from the legislative intent of labor laws, to make an arbitral award in line with the actual situation.

    If the laborer, because of his own reasons, has not signed a labor contract with the employing unit and advocates double wages, if the employer can prove that he has done the active and active contract obligation afterwards, he will not be supported by the requirement that the employer request the employer to bear the double wage without signing the labor together.


    • Related reading

    Beijing: Labor Employment Special Law Enforcement Inspection Starts

    Labour laws
    |
    2016/6/26 22:58:00
    19

    The Temperature Limit Is Limited To The Working Hours And The Temperature.

    Labour laws
    |
    2016/6/20 22:22:00
    33

    The Courier Checks The Labor Relationship With The Bottom Certificate To Win The Lawsuit Finally.

    Labour laws
    |
    2016/6/17 21:19:00
    25

    Legal Interpretation: Is It A Breach Of Contract At Home?

    Labour laws
    |
    2016/6/15 23:39:00
    23

    Does Not Sign A Contract Apply To The Minimum Wage?

    Labour laws
    |
    2016/6/1 22:48:00
    23
    Read the next article

    How To Stipulate The Regulations On Employee Rewards And Punishments?

    For employees, "minor discipline" and "accumulative punishment" are unreasonable. Everyone will follow the world's clothing and shoe net to see the detailed information in the coming time.

    主站蜘蛛池模板: 亚洲影院adc| 在线精品日韩一区二区三区| 国产乱在线观看完整版视频| 久久精品亚洲日本波多野结衣| 国产乱子精品免费视观看片| 最近免费最新高清中文字幕韩国 | 国自产精品手机在线观看视频 | 色青青草原桃花久久综合| 日本在线高清版卡免v| 国产中的精品一区的| 中文字幕人妻三级中文无码视频| 老司机福利深夜亚洲入口| 成人小视频免费在线观看| 动漫乱人伦视频在线观看| www.色亚洲| 波多野结衣女上司| 国产精品无码久久av| 亚洲国产亚洲片在线观看播放| 性刺激久久久久久久久| 亚洲五月激情综合图片区| 极品美女丝袜被的网站| 国内精品自产拍在线观看91| 亚洲欧美另类专区| 亚洲国产香蕉视频欧美| 日韩人妻无码精品无码中文字幕| 国产乱弄免费视频| 中文在线天堂网www| 男女同床爽爽视频免费| 国产色丁香久久综合| 亚洲av专区无码观看精品天堂| 麻豆porno| 成人午夜免费福利| 亚洲美女自拍视频| 四虎在线最新永久免费| 日本在线色视频| 免费观看四虎精品国产永久| 97热久久免费频精品99| 校花小冉黑人系列小说| 国产XXXX99真实实拍| aa级黄色毛片| 极品国产人妖chinesets|