Labor Contract Employee'S Resignation May Be Claimed.

When I entered a company, I only agreed to work time, work content, salary and so on. I didn't sign a written labor contract.

After half a year, I felt that I didn't have much room for development in the company, and I wanted to go back to my hometown to start a partnership with my girlfriends, so I submitted a written resignation to the company 30 days in advance.

Recently, when I left the company on schedule, I asked the company to pay two times the salary without signing a written labor contract with me.

The company refused to accept it. The reason was that it issued a work permit with the seal of the company and the legal representative on the next day after my entry into the office. The work permit proves that I am a company employee and has a labor relationship with the company. I usually work outside the business with a work permit. Therefore, the work permit represents a written labor contract.

The reasons for the company can not be established. The work permit can not replace or equal to the labor contract.

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

The same is true in the sixth article of the regulations on the implementation of the labor contract law.

These legal provisions clearly indicate that the employer must pay two times the requirement of wages, only because he has not signed a written labor contract with the workers, rather than whether he has issued a work permit or has issued a work permit as an exception.

Moreover, the labor contract and the work permit are two completely different concepts.

The so-called labor contract refers to the establishment of labor relations between workers and employers.

Agreement with obligations.

According to

The provisions of the seventeenth article include: the name, domicile, legal representative or principal person in charge of the employing unit; the name, address and identity card number of the laborer, or other valid identity document number; the term of the labor contract; work content and working place; working time and rest and vacation; labor remuneration; social insurance; labor protection, labor conditions and occupational hazards protection; other matters stipulated in the law and regulations should be included in the labor contract.

The work permit is only a sign that a person works in a certain unit. It is a symbol of the identity and identity of the unit. It can not reflect and determine the rights and obligations between the person and the unit, but also does not have the content of the labor contract.

In addition, the Ministry of labor and social security established

In the second item (two) of the notice of relevant matters (No. [2005] of the labor department), only the "work permit" is regarded as one of the reference documents for determining the existence of labor relations between the two parties when the employer fails to sign a labor contract with the laborer, instead of using the "work permit" as one of the basis of the contract, nor does the work permit be a concrete manifestation of the written labor contract.

It is precisely because the company has only issued a work permit to you, and it has been written clearly in writing, indicating that there is no written labor contract. The company should naturally pay you two times the corresponding wage.

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Chen argued that there was a labor relationship with a construction company in Yantai, but he could not submit effective evidence. Recently, Chen's appeal was rejected by the local labor dispute arbitration committee.

Chen said he was introduced to the construction company in 6 menstrual period in 2015, and was pferred to the Weifang Project Department of the company in August of the same year as the technical director.

In February 2016, the construction company's project manager telephoned and dismissed him.

Chen then filed a labor arbitration and asked for confirmation of labor relations with the construction company from August 2015 to February 2016. The construction company paid 44500 yuan of the double wage difference between August 2015 and February 2016.

In the court trial, Chen submitted the record book, the drawing joint examination record, the construction design plan audit form, the construction machinery rental contract and the handwritten salary form from August 2015 to February 2016.

The construction company denied that there was any labor relationship with Chen. At the same time, the evidence submitted by Chen was based on the photocopy of the Department, the printed part, or the company's official seal and no company name.

After the trial, the Arbitration Commission held that the first provision on the establishment of labor relations related matters (No. [2005]12 of the Ministry of labor and social work) stipulates: "the employer has not signed a written labor contract, but has the following circumstances.

(1) employers and workers comply with the main body qualifications stipulated by laws and regulations; (two) the labor rules and regulations formulated by the employing units according to law are applicable to labourers.

The labor management of the employing unit is engaged in remunerated labor arranged by the employing unit; (three) the labor provided by the laborer is an integral part of the business of the employing unit. "

The evidence submitted by Chen could not form an effective chain of evidence and could not prove its existence of labor relations with the construction company, so it did not support Chen's request.

As for Chen's request for double wage differential, it is based on the existence of labor relations on both sides, so it will not support it.

Finally, the Arbitration Commission ruled in accordance with the law and dismissed Chen's appeal request.

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