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Double Wage Compensation in the Context of <labor Contract Law>

Author: KeZhenXing
Tutor: DongBaoHua
School: East China University of Political Science
Course: Economic Law
Keywords: Labor Contract Law Double wages Written labor contract Rent-seeking type litigation
CLC: D922.52
Type: Master's thesis
Year: 2010
Downloads: 190
Quote: 0
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Abstract


The first part of this double wages of the labor contract system of compensation, it is more than a month from the employer from the date of employment less than a year is not to conclude a written employment contract, shall be paid twice the wages to the workers' monthly. The intention of this system is not high, punishment Daobi the employers to sign labor contracts signed a written employment contract signed rate in view of the current. This system can be understood as punitive damages with respect to damages, the amount of compensation more; relative to the fine, the compensation is ultimately to laborers and enthusiasm to improve the rights of workers. The legislators want to protect workers by raising the labor contract rate, to prove labor relations because of the labor contract. The second and third part describes the two bars of the law presumption of error. First of all, the labor contract signed low is not always because of the employer, laborers factors Secondly, even if the labor contract is signed, the protection of the labor contract for workers is limited. Studies have shown that the protection of the labor contract for workers, the proof of the role is very weak, as well as payroll and other evidence. On the other hand, even in the absence of a labor contract laborers, only the possibility of damage. Even in the absence of a labor contract, the employer will still be in accordance with the actual performance of the labor to pay compensation. Therefore, this provision has led to a de jure error, given the punitive damages that a possibility of damage, in violation of the \Fifth section describes the system caused some social problems, typical performance for what I call \not signed a labor contract. These workers are trying to get double wages from employer interests. Some places even a madman of rights, specifically rely on this income. Rent-seeking type litigation for corporate and other employees are not fair. For enterprises, the enterprises have all put forward signed a labor contract obligations, why do we have to assume twice the compensation? For other employees, why fight a worker could get two wages. Part VI describes the face of practical problems, legislative and judicial branches have a certain response. The legislative level, the introduction of the \termination of labor relations, and economic compensation \Shanghai Municipal Human Resources and Social Security Bureau, the Shanghai Higher People's Court on the application of the \reasons other than units, resulting in a labor contract is not signed, does not belong to the \contract \Finally, a summary of these responses, in order to better maintain harmonious labor relations.

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CLC: > Political, legal > Legal > Chinese law > Labor Law > Labor Contract Law
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