| Aiming at the problem of long-term labor contract rate is low in our country, our country in the process of establishing labor contract law of the original set up when you don’t sign a written labor contract illegal double salary compensation system (hereinafter referred to as the double salary compensation system). "Labor contract law"article eighty-two,the first paragraph:"Since the date of the accepting unit of choose and employ persons more than a month less than a year did not conclude a written labor contract with laborer, it shall pay twice a month to laborer wages."In order to convenient and applicable,and in"labor contract law implementation regulations" detail in the fifth,six,seven. But as an ingenious system, these provisions are still too simple, in the process of the system is used, while the first set up to reduce the fact labor relationship, the rate of increase in labor contract, but also brought some unanticipated problems at the beginning of the design, the most typical is "rent-seeking action type", "rent-seeking action type" distrust caused laborer and unit of choose and employ persons, increased labor costs, seriously affect the normal working relationship. This paper aims to "labor contract law" double salary compensation system, combining with the legislative purpose, find a is conducive to regulate the behavior of unit of choose and employ persons and can reduce the laborer of malicious litigation mode, so as to better protect workers, and to reduce court tired. Hope to clarify the labor dispute in the double pay at the same time, some of the legal issues relating to better solve the disputes in the labor relations, can provide a good environment for the healthy development of social economy.This article is divided into three parts to introduce illegal not sign labor contract in labor contract law of double salary compensation system. The first part is an overview of double salary compensation system, combining with the purpose of setting up the system and the background of this paper discusses the double salary compensation system of the nature of the content, characteristics, system and the significance of double salary compensation system establishment, the author thinks that, double time belongs to punitive damages compensation system, the first part of introduction to delve into the system laid the foundation. The second part first introduced the legal provisions on the double salary compensation system in our country, and then combined with some cases, enumerate double salary compensation system in the applicable process of several major problems, namely double salary compensation system applicable situation, double time responsibility subjective state of distinguish, double salary payment term issue, double time "wage" problem and double time limitation of arbitration, by analyzing the cases, and list the country is the focus of dispute in practice. The third part is on the second part of the problem put forward specific suggestions, aiming at revealing the double time controversial problems of the compensation system, combining with the views of scholars and practice of related policy, puts forward some suggestions of improve the system of double time, wants to be coordinated in balance principle, on the basis of clear double wage applicable conditions and scope, along with other related coordination mechanism, promote the harmonious development of labor relations. |
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