If A Worker Is Dismissed Without Fault, He Can Claim Double Compensation To The Unit.

The occurrence of labor disputes not only prevents normal labor relations from being maintained, but also damages the legitimate interests of workers and is not conducive to social stability.

Therefore, we should correctly grasp the characteristics of labor disputes and actively prevent the occurrence of labor disputes.

Since the founding of the Jilin trade union legal service lawyers group, the legal professionals' professional skills and practical operational experience have been brought into full play, providing public welfare legal services for the vast number of workers, effectively safeguarding the legitimate rights and interests of workers, and promoting social harmony and stability.

Wei Xin, a pseudonym, was employed in an infertility hospital in Jilin in November 25, 2013.

From November 2013 to November 2014, the average wage of Wei Xinyue was 3000 yuan, and from December 2014 to August 2015, the average wage of Wei Xinyue was 3500 yuan.

From November 25, 2013 to August 18, 2015, Wei Xinjun went to work in a sterile hospital in Jilin. During the period, he extended his working time for 87 days and 8.5 hours.

In August 14, 2015, a sterile hospital in Jilin sent Wei Xin a notice on the signing of the labor contract, which reads: "Comrade Wei Xin: I inform you that you will sign a labor contract with an infertility hospital in Jilin before August 15, 2015, and the initial date of signing the contract is the entry time.

Overdue signature or refusal to sign a labor contract is deemed to be an automatic waiver of this right.

I hereby inform you that a sterile hospital in Jilin (cap. August 14, 2015).

Under this notice, Wei Xin stated: "I have voluntarily waived the signing of a labor contract, because I promise to pay five risks and one gold at the time of entry, and now I only pay three risks and one gold, so I did not sign a labor contract, so I gave up voluntarily.

Wei Xin August 14, 2015. "

In August 18, 2015, an infertility hospital in Jilin made a decision on Wei Xin's dismissal and informed Wei Xin in writing.

A certain infertility hospital in Jilin did not handle its social insurance procedures before deciding to dismiss Wei Xin.

The labor dispute was applied for arbitration on the 10 day of September 2015 to the labor and personnel dispute arbitration commission of Jilin province. On the same day, the Arbitration Commission made a notice of No. 432nd (No. 2015).

Wei Xin, the plaintiff, refused to accept the Jilin provincial Union.

Yang Qihao, a lawyer appointed by the lawyers' group, filed a court hearing in court on 11 September 2015, and opened the trial in November 2, 2015.

Wei Xin complained that Wei Xin had applied to a sterile sterile hospital in Jilin in November 25, 2013. When he entered the job, he completed the application form and the registration form of an infertile hospital in Jilin.

After Wei Xin was recruited, an infertility hospital in Jilin gave Wei Xin a "regulation on how to implement public holidays in a sterile hospital in Jilin". At the same time, he gave Wei Xin the relevant regulations and rules and regulations governing the resignation of the new employee during the probation period and the basic guidelines of a sterile hospital in Jilin.

According to the request of a infertility hospital in Jilin, Wei Xin handled wages cards in Changchun Evergreen Branch of China Everbright Bank, and paid wages to Wei Xin monthly by an infertility hospital in Jilin.

Although a sterile hospital in Jilin has not signed a written labor contract with Wei Xin, Wei Xin follows the rules and regulations of an infertility hospital in Jilin and accepts the routine management of an infertility hospital in Jilin. A sterile hospital in Jilin pays wages monthly, and it should be confirmed that there is a real labor relationship between the two sides.

Wei Xin worked in an infertility hospital in Jilin. A sterile hospital in Jilin did not sign a letter with Wei Xin.

Wei Wei did not pay social insurance premiums, nor did he pay overtime.

In summary, the plaintiff Wei Xin asked the people's court to make a decision in accordance with the law: 1. confirm the establishment of labor relations between Wei Xin and a infertility hospital in Jilin; 2., an infertility hospital in Jilin paid 13420 yuan in compensation for illegal labor contracts; 3., an infertility hospital in Jilin paid 6710 yuan to the economic compensation for Wei Xin, 4. yuan from a sterile hospital in Jilin to Wei Xin paid a written wage contract of 36905 yuan, a 5. infertility hospital in Jilin 5. yuan to an overtime pay of Wei Xin, and 6. litigation costs were borne by an infertility hospital in Jilin.

After hearing, the court held that since January 7, 2015, Wei Xin has established labor relations with an infertility hospital in Jilin.

Due to illegal termination of labor contracts, a sterile hospital in Jilin needs to pay 3500 yuan x 1 months x 2 times =7000 yuan.

And because the two sides did not sign a written labor contract, a Jilin infertility hospital paid to the plaintiff Wei Xin did not sign a written labor contract double wage difference of 21025 yuan.

Because the plaintiff often works overtime and does not get it.

By an infertility hospital in Jilin, the plaintiff Wei Xin paid 17507.87 yuan overtime.

Through this case, we can see that when workers encounter the above situation, they can protect their legitimate rights and interests through legal channels.

If the two parties fail to sign a labor contract, they can use other evidence to prove the existence of the labor relationship, such as punch card records, such as the flow certificate of bank's pfer of wages, etc., and if a labor contract has not yet been signed within one month, the employer can claim double wages.

If the worker is not guilty and dismissed for no reason, he can claim double compensation from the unit.

If there is a lot of overtime work, but no overtime pay is paid, the corresponding overtime compensation can be claimed from the unit through the record of punch time.