The Employer Needs To Produce Evidence To Rescind The Labor Contract.

Case review: in September 9, 2015, Jinhui joined the Beijing Jinjiang Property Service Co., Ltd., Shenyang branch (hereinafter referred to as "Shenyang branch") as the director of property engineering.

Shenyang branch and a division signed a labor contract, the contract agreed to implement standard working hours.

In December 29th of the same year, the Shenyang branch asked for a job pfer without any justification. It did not advance one month to give reasons for its termination of labor relations.

Therefore, a division asked the company to pay its illegal labor contract compensation 12726.8 yuan.

The Shenyang branch argued that the company did not break the labor contract illegally, so there was no compensation for the cost.

It was found that in September 9, 2015, a Shenyang division of a teacher entered the post of engineering supervisor. In November 10th, the two sides signed a labor contract and agreed to pay a salary of 3300 yuan.

In December 29th of the same year, the staff of the division of the division and the Shenyang branch carried out the work pfer and signed the confirmation.

In December 30th, a staff member of Shenyang branch told a teacher through a mobile phone message to terminate the labor contract.

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Case interpretation: the legitimate rights and interests of labourers are protected by law.

The thirteenth interpretation of the Supreme People's Court on Several Issues concerning the application of law in labor dispute cases:

Expulsion, delisting, dismissal, termination of labor contracts, reduction

The employer shall bear the burden of proof when calculating the labor dispute decided by the working life of the laborers.

The labor contract between a division and the Shenyang branch is still in the performance period, but it is required to go through the formalities of turnover and handle the handover in December 29, 2015.

Although the Shenyang branch said that it did not terminate the labor contract with the teacher at the time, it did not provide evidence, so the date of the termination of the labor contract was announced on December 31, 2015 according to the company's short message service provided by the company.

As a teacher in Shenyang branch of the working time less than 12 months, according to a teacher from October 2015 to December the average wage as the standard to calculate the economic compensation, the amount of compensation should be 3530 yuan.

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Vice president Wu of a company was relieved of labor relations by violating the company's system.

Because he has not signed a written labor contract with the company, Wu applied for labor arbitration on the ground of not signing a labor contract, requiring the company to pay a double wage difference of 300 thousand yuan.

The company replied: the company signed the labor contract matters are entirely responsible for Wu, and provided a sample of the labor contract signed by Wu on behalf of the company and staff.

Wu is responsible for signing the labor contract of the company. Wu should provide evidence that the enterprise does not sign a labor contract. Otherwise, Wu should not be guilty of signing a labor contract with the company.

Therefore, Wu can not enjoy double wages without signing labor contracts.

Wu believes that although he is the Deputy General of the company, but has no real power, the company's daily affairs are held by the general manager. There is no possibility of signing labor contracts with himself. He is also an employee. He should enjoy the rights of laborers according to law and be protected by labor law.

The company should pay double wages in violation of the law.

The local labor and personnel dispute arbitration committee dismissed the request for arbitration.

Wu refused to accept the case and prosecuted it to the local court. The court also dismissed its claim.

In this case, Wu is a senior manager who is directly responsible for signing labor contracts in the company. Wu represents the company to sign labor contracts with other workers. Of course, he knows that the company should sign labor contracts with laborers, and workers can sign labor contracts with the company.

When Wu signed labor contracts on behalf of the company and laborers, he could have signed a labor contract with his company as a company worker, but he did not sign a labor contract with the company.

If the company refuses to sign the contract, it should provide sufficient evidence to prove it.

Such a situation does not conform to the original meaning of "double pay" which should not be paid in the labor contract stipulated in the labor contract law, and the request itself is unfair and reasonable.

Therefore, the arbitral award and the court's decision are correct.

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