Double Pay, Outdated Effect, Appeal To Court, Do Not Support?

Recently, the Jingxian County court heard a labor dispute case. Lin Yang worked in the company for two years but did not sign a labor contract. After the dispute was brought to court, he did not receive corresponding support.

Since July 2012, a technology company has hired Lin Yang to work for him, with a monthly salary of 3000 yuan. The two sides have not signed labor contracts and applied for social insurance.

From July 2012 to June 2014, Lin Yuan paid a total of 10408.80 yuan for the basic old-age insurance premiums.

In November 2014, Lin Yang Xiang

Apply for termination of labor relations arbitration.

The Board ruled that the company paid 33000 yuan for Lin Yang's double pay and dismissed other claims.

The company dissatisfied with the arbitration result and filed a lawsuit with Lin Yang.

In the court trial, the focus of controversy between the two sides was

Is the claim excessive?

The court held that Lin Yang's claim for termination of labor relations was supported, and the employer violated the regulations without concluding with the laborers.

From the date of the establishment of an unfixed term labor contract, the employee shall be paid twice the monthly salary. This is the legal liability of the unit for not signing the labor contract, that is, the punitive damages liability.

Therefore, the arbitration time effect of double pay in this case will be calculated from 1 days on the second day of signing the written labor contract, while Lin Yang applied for arbitration in November 2014 has exceeded the limitation of arbitration and will not be supported. The company fails to pay social security for workers in accordance with the law. It should compensate Lin Yang for 2 and a half months' economic compensation of 7500 yuan.

At the same time, the social security fee and the unemployment insurance premium of 6 months will be returned to 3348 yuan.

Finally, the court decided to terminate labor relations in accordance with the law, and the company paid 7500 yuan for Lin Yang's economic compensation, 11842.8 yuan of social security premiums paid back and 3348 yuan of compensation for unemployment insurance, and dismissed other litigation claims of both sides.

After the verdict, both sides took the interest judgment and the company paid the relevant payments of Lin Yang within the statutory period.