Research On The Double Salary Compensation Of Labor Contract Law

"Labor contract law", with the workers’ legal consciousness unceasingenhancement, the relevant litigation and arbitration did not sign labor contractcaused rapid increases in. This paper aims to research on the "labor contract law"double pay compensation system, in the analysis of the purpose of legislation basis,combined with "from the angle of theory and practice and the implementation ofrelevant provisions of the regulations of the" labor contract law to explore a isconducive to standardizing the employer behavior also can reduce the labor ofmalicious lawsuit mode, the protection of workers in order to better, and reduce thecourt litigation.Since the implementation of "labor contract law" since January1,2008, laborconflicts, labor dispute cases increased a lot, especially worker to require theemployer to pay did not sign labor contract double pay dispute of particular concern.This makes the system was founded by legal foundation defects questioned elements--not in conformity with the principle of the punitive damages has become the focusof scholars and judicial practitioners discuss object, which also led to the fact laborrelationship how to deal with more reasonable argument. By using the method ofcomparative analysis, introduced the punitive compensation system of abroad,absorb some reasonable components from, and the punitive compensation systemcomponent double pay compensation system are analyzed; at the same time, thispaper also makes use of the sociological method, through the practice throughout thetrial of cases and statistical data, reach the effectiveness of legal results of double theactual wage compensation system in society and the purpose of the system. Thispaper not only for the double pay system should continue to retain are analyzed, atthe same time, in the judicial practice, because of the "labor contract law" articleeighty-second and its implementing regulations article sixth, article seventh differentviews in different understanding, understanding to apply double wages the legalnature and the prescription of labor arbitration, lead to different results in the country in the trial practice, this paper also analyzed and suggestions on how to apply thedouble pay compensation system, compensation system of double salary paymentperiod, the base to determine the validity of arbitration, compare. This paper focuseson the discussion of a considerable part of workers familiar with relevant laws andregulations in order to obtain the double wages not deliberately and employers tosign a written labor contract and rent seeking action caused by the phenomenon, theanalysis and evaluation of the phenomenon. Combined with the double paycompensation system is not in line with the principle of the punitive damages, willdestroy the fact labor relationship extreme, rent-seeking litigation phenomenon andother issues, this paper proposes two judicial suggestions and three legislativeproposals on double pay compensation system, recommended the introduction ofguidance, the contradiction between labor and capital of flexible, can be "laborcontract law" article eighty-second modification, namely:"the employer shall exceed1months and less than1years and not conclude a written labor contract, ought topay two times his monthly salary, the employer can prove himself not at fault for notexcluding resistance, or unexpected condition cannot be signed. Workers voluntarilynot to conclude a written labor contract or refuse to sign a written labor contract, theemployer can prove that do not bear the liability for compensation two times salary.In Japanese employee employer within one year and not conclude a written laborcontract, and the employee should be immediately to the non fixed term laborcontract, the labor of workers and the monthly payment of1months from the date ofthe next day to pay two times to non fixed term labor contract of the day before, butthe employer to prove that he is not at fault or not, except for force manure accidentcan not be signed. Workers voluntarily not to conclude a written labor contract orrefuse to sign a written labor contract, the employer can prove that do not bear theliability for compensation two times salary". The administrative punishment to civilliability, due to the malicious lawsuit workers education and punishmentrecommendations.Because the knowledge and ability of the limited, based on the analysis andrecommendations on the double pay compensation system will inevitably beinadequate, need to be further improved. The author hopes to clarify some legal problems of the labor dispute in double wages involved at the same time, thesettlement of labor disputes better, to promote the harmonious development of laborrelations in China, using double rights and labor protection unit.