Double Wage Payment Must Be Based On The Existence Of The Labor Contract.

In March 2010, Li applied for a hotel to work on plumbing maintenance. The hotel arranged a job for Li and paid labor remuneration to him monthly. Li was subject to the hotel management system.

In July 2016, the hotel gave an oral notice to Li, and the two sides lifted their working relationship.

In October, Li applied for labor arbitration and asked the hotel to pay double wages and financial compensation for failing to sign labor contracts.

In December, the Labor Arbitration Commission decided to support Lee's appeal.

The hotel refused to accept the verdict and filed a lawsuit, requesting legal confirmation that there was no labor relationship between the two sides.

There is a labor relationship between the original defendant and the defendant. The plaintiff should pay the economic compensation to the defendant, Lee, but he does not undertake to sign a labor contract.

The reasons are as follows:

First of all, the two parties belong to the non fixed term labor contract relationship.

The essential characteristics of labor relations lie in the subordinate relationship between management and management of the laborers and the employing units. The labor content of the laborers who provide labor, the mode and the working hours are all subordinate to and accept the supervision and management of the employing units.

In conjunction with the case, from March 2010 to July 2016, Li accepted the management of the employer's hotel and was bound by the rules and regulations of the hotel, resulting in a subordinate relationship between the two sides.

The fourteenth provision of the labor contract law stipulates that if the employer fails to conclude a written labor contract with a worker for one year after the day of his own employment, he shall be deemed to have made an unfixed term labor contract between the employer and the employee.

Therefore, there is no fixed term between Li and the hotel.

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Second, Li claims that economic compensation should be supported.

The forty-eighth provision of the labor contract law stipulates that if the employer violates the provisions of this law to terminate or terminate the labor contract, the employer shall pay the compensation if the worker fails to continue to fulfill the labor contract.

In July 2016, the plaintiff's Hotel unilaterally relieved the labor contract relationship with Li, and Li didn't ask to continue to fulfill the labor contract, so the plaintiff's hotel should pay economic compensation to Li.

Once again, the hotel does not shoulder the double wage responsibility.

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 one month after the date of his own employment, he shall

Pay two times a month's wages.

In this case, after a year's work in a hotel, Lee saw that the two sides had already signed a non fixed term labor contract, which strengthened the restriction on the hotel compared with the fixed term contract.

Because the law has presumed that the two sides have entered into a labor contract, it is no longer necessary to ask the hotel to continue to bear the responsibility of paying double wages without signing the labor contract.

In addition, the payment of double wages must be based on the premise of the existence of the labor contract. The plaintiff has informed Li to rescind the labor contract, and Li also applied to the plaintiff for payment of the economic compensation, indicating that Lee had confirmed that the labor relationship had been lifted, so Li's request was not legal, and the hotel should not pay double wages without signing the labor contract.

On the one hand, some workers are weak in law consciousness and relatively weak in status. After disputes, they often fail to provide key evidence, leading to the ineffective protection of rights and interests.

On the other hand, some workers ignore their own actual situation, there are cases of indiscriminate complaints and lawsuits, and repeatedly Sue after being dismissed.

There are other laborers who are similar in tandem, who collectively defend their rights and refuse to mediate. They hope to exert pressure on group strength to maximize their demands.

Lack of perfect legal system leads to deviation of the idea of adjudication.

Because the legal system of current labor legislation is not perfect, applicable laws and regulations are relatively complicated and even conflicting, and the arbitration and litigation procedures are inconsistent, resulting in a large number of cases inconsistent with the results of labor arbitration awards.

Therefore, the parties concerned have doubts about the outcome of the arbitration and litigation, and appeal because they do not trust the verdict.

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