On The Case Of Labor Dispute Between Liu And CY Tax Bureau

The case of labor dispute dispute is an important part in the field of litigation.As the legal consciousness of the worker increases,the labor disputes are increasing,the legal relationship between the employer and the laborer is adjusted in the labor dispute,and the legality of the legal action of the two parties is the key to the rights of the parties.In the case of the labor dispute dispute between Mr Liu and CY tax bureau,the main controversies include three.First,whether the labor relations between the two sides have been removed,the dispute focuses on the confirmation of labor relations between Mr Liu and CY tax bureau and the duration of labor relations.Secondly,whether or not Mr Liu meets the basic conditions of double pay compensation,the essence of the dispute is to determine the nature of double pay and analyze the jurisprudence.Finally,the issue of labor dispute arbitration or application of litigation is a matter of time.After the dispute focuses on the nature of double pay,the calculation and determination of the validity of labor dispute arbitration or litigation shall follow.This research mainly USES literature research,case analysis,comparative analysis on the research of the theoretical system of double wage and some double wage controversy around the court's judicial precedent system carding and research.Mainly around the following three core issues to discuss.The first is the nature of double wage and constitute the basic conditions of double time.About the nature of the double time is defined as a whole labor remuneration or punitive damages,is the first times the salary of labor compensation,second times salary for punitive damages,after a series of analysis and discussion on the nature of the double time is defined as the first times for labor compensation,second times for punitive damages.The second is double time for ordinary arbitration limitation or special aging problem,through case analysis and theoretical analysis,should be combined with the nature of the double time to determine the applicable statute of limitations,so the first times the salary according to the labor remuneration for special statute of limitations,the second times the punitive damages applies general statute of limitations.The third is the double salary arbitration or calculate since the statute of limitations point problem.Theory and practice are two kinds of views,one is the monthly calculation limitation of arbitration,the other is a whole calculation limitation of arbitration.According to the regulation of labor arbitration law should becalculated from the enterprise did not sign labor contract with laborer for a full year since the day after the start,but,unit of choose and employ persons did not sign a written contract is a kind of persistent state of illegal,as continuity in tort liability of tort,tort calculation after the end of the statute of limitations.Computing means after the end of each other tort,if did not sign labor contract of tort continued to arbitration or litigation,there is no statute of limitations more than say,because have not begin to accrue,therefore,of the statute of limitations should be calculated by reference to the infringement of the statute of limitations on law,according to the way of computing as a whole.