The Specific Application’s Research Of Twice The Wage Penalty In The Fact Labor Relations

Written labor contract is laborer to obtain the basic foundation of labor treatment such as salary, welfare, labor dispute and the dispute after prove that the two sides of labor relations and the related rights and obligations of the important evidence. In China in 2008 on the implementation of "labor contract law" article 10 and article 82 of the regulation, unit of choose and employ persons shall sign a written labor contract with laborer from the date of employment, such as more than a month still did not conclude, should be in more than a month and less than a year did not sign a written labor contract workers within the time limit stipulated to pay double salary, commonly known as "double salary penalty". Double pay penalty as urging timely and conclude a written labor contract with laborer, unit of choose and employ persons to reduce the cost of Labour rights important system. However, due to the related labor laws and regulations, judicial interpretations and government policy are double wage penalty in the labor relations of fact to make further provisions shall be applicable to the specific and interpretation, thus disputes related labor dispute case, around to apply two times of salary range and how to apply two times the salary all have big differences and disputes, to become one of the difficult problems in judicial practice.In this paper, literature analysis, comparative analysis and other research methods, analysis from the theoretical concept the fact that labor relations, components, causes and types of other aspects of a comprehensive them in our labor laws and regulation system of legislative arrangements, systematically comb. On this basis, the comprehensive use of legal interpretation, respectively, from the academic level and the level of the administration of justice, to double wages penalties applicable in different types of reasons for the fact that legal relations as well as the scope of the standard calculation, calculation base, arbitration aging were analyzed Research presented at the final factual labor relations in a correct understanding and application of the observations and recommendations of twice the wage penalty.In this paper, sort out and introduce penalties for double wages to produce basic information background, rationale, and legal property of the legislative arrangements. Why them from writing formal requirements for becoming a labor contract, why the written labor contract is not signed by the adverse consequences for non-balanced arrangement, why use the "double salary" to replace the original punitive measures combed twice the wage penalty the background, from the protection of vulnerable groups tilt theory, social theory and the law of punitive damages to twice the salary law theory support doctrine to sort out. Twice the wage penalty Regulation Object-the fact that labor relations are analyzed and sort, including the fact that the concept of labor relations, labor relations constitute material facts, reasons and the fact that the type of labor relations, the fact that labor content total of four aspects of the relationship between the legislative arrangements in our country. A double salary penalty scope for analysis and sort out, consists of two parts, namely our country expressly provides for double pay penalties and an extension of the scope of judicial practice out of disputes and differences. From a practical point of view, the scope of application of penalties twice wage dispute consists of two aspects, one is the expiration of the labor contract labor contract is not renewed in writing the fact that labor relations, on the other hand is a sign of the fact that a written labor contract invalid labor relationship. To analyze and sort out the specific application of penalties twice the wages in the fact that labor relations. From a practical point of view, we analyze the differences and disputes twice the wage penalties applicable in the specific process, including the double penalty calculation base salary calculated during the arbitration aging three areas. For double pay penalties applicable in the scope and the fact that labor relations disputes and differences specific application of the problem from the perspective of legal interpretation, the correct understanding and application of double pay penalties think and propose appropriate comments and suggestions.