The Argument Of Double Wage - Analysis And Application Of Article 82 Of The Labor Contract Law

The labor law of our country applies the written labor contract system to the management of labor relations.based on the background of low labor contract signing rate and the short-term labor contract background since the 1990 s,the labor contract law emphasizes the written labor contract system once again,and establishes the legal liability of double wage for no written labor contract.In view of the legal nature of the legal liability for the second salary,the author thinks that the punitive liability of the second salary is the embodiment of punitive damages in the labor contract law.in the author's opinion,it is concluded that the absence of the legal liability of written labor contract is not the punitive liability.On this base,through the " labor contract law" into the social law system,using the legal interpretation theory and the principle of social law,the double wage legal liability is determined as the public power based on the labor relations balance to the labor relations necessary intervention,in this context,the double wage legal responsibility has the punishment,substitution,regulate the labor relations function.From the practical implementation effect,the article 82 of the labor contract law has played an important role in encouraging the employers to sign a written labor contract with the laborers,so that the adjustment of the benefits of double wage is more effective and direct than any legal publicity work.However,the legal liability does not take into account the complexity of the reasons for the failure of the labor contract and the differences between the workers,resulting in some difficulties and confusion in the application.Based on this,the author combines some successful practices in judicial practice and the nature of the legal responsibility of double salary,and puts forward some rules in practical application.