Unit Of Choose And Employ Persons To Pay Double Salary Responsibility Research

In constructing a society stable and harmonious labor relationship and respect under the premise of protection for vulnerable groups of workers,\"labor contract law\" came into being in our country. Take a\"single protection in its legislative purpose statement\", namely the\"labor contract law\" article1\",\"protect the legal rights and interests of labourers, embodies the principle of such protection. But under the background of the global financial crisis in2008, some economists even call to cancel the labor contract law, because this will give the survival environment has been struggling small and medium-sized enterprise fatal blow. Facing rising year by year because of labor dispute cases caused by mass incidents,\"labor contract law has clearly is imperative. In order to make the laborer can depend on, there is evidence in the event of a labor dispute increase the rate of written labor contract sign the bill is the top priority. Hence the\"labor contract law\" the eighty-second regulation\"unit of choose and employ persons from the date of accepting more than one month less than a year did not conclude a written labor contract with laborer, it shall pay twice a month to the employee’s salary.\" As one of such protection clause, a stone up. Not only two times to pay penalty because of the unprecedented, from legal worth exploring. But because the law when making double salary terms, considering the situation is relatively single, the lack of specific operational rules, which caused great inconvenience to practice.This article from a typical about2times the salary of labor dispute cases, this paper through the focus of controversy in the counterproposal induction as well as a variety of different vantage point, combining with the legislative purpose and social economic situation put forward his opinion on the case and the lack of legislative Suggestions. In this paper, the text mainly divides into four parts. The introduction part, this paper studies on the background and significance has carried on the brief description, and summarizes the main research results in this paper. Introduction of the first part of the case and the focus of dispute, a brief introduction about the main case, double wage labor dispute cases summarizes the three disputes, and summarizes the two controversial focus on different views. Focus in the second part analysed around three cases, among them2times the salary, the legal nature of unit of choose and employ persons to pay double salary time limitation of arbitration this twocalculation is used to demonstrate the first controversial focus, unit of choose and employ persons to pay double salary responsibility imputation principle this stanza to demonstrate the second contention, unit of choose and employ persons pay double salary responsibility during this stanza to demonstrate the third controversy. The third part is the result of this paper, first of all by the second part expounds the author view of the case, the argument based on the controversial focus of the case perspective of double wage penalty in the legislation, the author puts forward his own perfect Suggestions, in order to effective application of unit of choose and employ persons to pay2times the salary to provide some reference opinions.