Application Of Double Pay Penalties

The law of the People's Republic of China labor contract law "the 82 th regulation of double wage penalty clause can improve the Chinese unit of choose and employ persons and laborer labor relationship of the contracting process.Investigate its reason is that the system of the creation of the unit of choose and employ persons not improved and laborer to sign a written labor risk involving lawsuit and the illegal cost. However, due to the double time penalty system in our country for the first time to create, and the provisions of the laws of the system is not clear, so that in the judicial practice about the terms and conditions of the applicable process there are a lot of controversy. So are bound to make runs counter to the legislative intent of establishing the terms and conditions, but also will detract from the deterrent effect of the clause. Based on this, the author to unit of choose and employ persons and laborer zhang labor dispute case of disputes, for the case of two disputed points are summarized and comments, namely double pay penalties applicable conditions required four constitutive requirements and the structure of the double pay. Finally the author to the shortage of the double wage penalty in our country puts forward legislative Suggestions.