Employers Should Sign Labor Contracts From The Date Of Employment.

Case review: Tang Mou worked as a general manager in a catering management company in Shenyang in September 16, 2014, and the two sides agreed on a monthly wage of 12000 yuan.

The head of the company promised to give the company shares after two months' work.

By November 11, 2014, a restaurant management company in Shenyang paid a salary of 8000 yuan to Tang's, and the company's leader promised not to pay for the wages.

Therefore, in early 2015, Tang Mou asked the company to pay its salary from September 19th to the end of 9 yuan, 4000 yuan in October, 4000 yuan in arrears, 4400 yuan in from November 1st to 11th, a total of 12400 yuan, and paid a portion of 8000 yuan in second months' double wages (not full months) without signing labor contracts.

A catering management company in Shenyang argued that Tang was applying for the position of general manager, with a probationary period of three months, with a salary of 5000 yuan, and a salary of 8000 yuan after the probation period, and the signing of a labor contract.

Tang after the National Day officially went to work (October 4th - November 11th), a total of 39 days, should pay 6349 yuan.

At the same time, during the period from October 4th to November 11th, Tang didn't record any punch cards. As a general manager, Tang was always late and violated the company's rules.

After investigation, Tang Mou went to a restaurant management company in Shenyang in October 4, 2014 and worked as general manager.

Tang left in November 11, 2014, during which a catering management company in Shenyang paid Tang yuan 8000 yuan salary.

Case interpretation: the legitimate rights and interests of laborers

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With regard to the monthly wages of Tang Dynasty, according to the stipulations of the labor contract law, the employer shall sign a labor contract with the laborer from the date of the employer's employment, and the labor dispute arising from the decision of the employer to expel, remove, dismiss, rescind the labor contract, reduce labor remuneration, and calculate the working life of the labourer, and the employer shall bear the burden of proof.

Without signing a labor contract with the laborers and causing disputes between the two sides on the amount of wages, the burden of proof shall be borne by the employer.

At present, a restaurant management company in Shenyang has no corresponding evidence to prove the monthly salary of Tang. Therefore, the employer should pay the amount of wages mentioned by Tang, which is 12000 yuan per month.

Regarding Tang's claim that a Shenyang food and beverage management company owed 12400 yuan in arrears of wages, Tang's entry time was October 4th, and 1 to 3 October was a statutory holiday, so Tang's salary in October was 12000 yuan, and in November, Tang worked until 11 days, accounting for 4400 yuan of wages.

A catering management company in Shenyang has already paid Tang yuan 8000 yuan, and there is a fact that it is in arrears, so the company should pay another 8400 yuan for Tang's wages.

With regard to the issue of double wage difference, according to the provisions of the tenth and eighty-second provisions of the labor contract law of the People's Republic of China, a written labor contract shall be signed within one month from the date of the establishment of labor relations between the employing unit and the laborer.

If the employer fails to sign a written labor contract with the employee, the employer should pay the worker twice the wages according to law.

Tang went to a restaurant management company in Shenyang in October 4th, and the company should sign a written labor contract with Tang in a month, because the company failed to fulfill the obligations of signing a labor contract, and should pay double for from November 4th to 11th.

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