He Was Sentenced To Double Pay Without Signing A Labor Contract With His Employees.

From October 23, 2011 to February 20, 2014, Ms. Wang worked in the liquor company. During this period, she was selected as an excellent employee. Her main job is selling wine.

Since her job, Ms. Wang has repeatedly asked the liquor company to handle the matter.

Health insurance and other procedures, and the signing of labor contracts, but all consultations failed.

After applying for arbitration to the labor arbitration department, he was told not to file a case, so he appealed to the court.

The liquor company argued that Ms. Wang was not an employee of her company, and was not obliged to pay Ms. Wang to pay social security.

There is no factual and legal basis for her claim and should be dismissed.

The court found that Ms. Wang worked in the liquor company from October 26, 2011 to February 2014.

The two sides did not sign labor contracts.

Ms. Wang submitted her own payroll in the liquor company's work.

The court held that the employing person

Labor relations should be established with the laborers from the date of their employment, and a written labor contract should be concluded when establishing labor relations.

If the employer fails to conclude a written labor contract with a worker for more than 1 months after a period of more than 1 months from the date of his own employment, he shall pay the laborer 2 times the monthly salary.

Ms. Wang and the liquor company established labor relations in October 26, 2011 and terminated in February 20, 2014. The wine company has not written a written labor contract with Ms. Wang for 1 months from the date of its own employment. It is deemed that the liquor company and Ms. Wang have signed a non fixed term labor contract, and shall not be liable for any written labor contract. They will pay 2 times the monthly salary to Ms. Wang for 11 months.

The court ruled that a liquor company in Zhengzhou paid 11 yuan to 36893 yuan for Ms. Wang.

Judge interpretation

There are many laws and regulations regulating labor relations in China, including labor law, labor contract law, industrial injury insurance Ordinance, social insurance regulations and so on.

Due to the large population base and relatively low labor cost in China, workers are in a relatively weak position relative to employing units. Therefore, the original intention of these laws and regulations is to start from the angle of labourers, and to protect the legitimate rights and interests of workers as the ultimate goal.

The double wage clause in the labor contract law is a good example.

The reason why the labor contract law is stipulated in this way is to protect the vulnerable position of laborers. By signing labor contracts, labor relations between laborers and enterprises can be written in a written form.

So many other laws can become the umbrella of workers' legitimate rights and interests through this focus.

But in reality there are also some people who do not earn remuneration by honest labor, and become rich by drilling the "law" of the labor contract law.

Their usual practice is to find out some small and medium enterprises with a weak sense of law, and deliberately delay and evade signing labor contracts with enterprises through various pretexts, quit after 3~7 months of work, and then require enterprises to pay another fold.

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And enterprises usually can not prove their deliberate acts, so that these people can get considerable returns.

Such behavior is not only contrary to the original intention of the labor contract law, but also aggravates the burden of enterprises and encourages unhealthy practices.

Therefore, at this stage, not only should the workers enhance their legal awareness, they should enter into the work of the unit, sign the corresponding contract and get the written evidence, and the enterprise should also change the management mode and take the initiative to work according to law in order to adapt to the legal relationship with the laborers in the new situation.