Research On The System Of Double Wage In Unwritten Labor Contract

The Labor Contract Law that began in 2008 stipulates in Article 82 that the double wage system does not sign a written labor contract,as one of the tilt protection systems,the written labor contract shall be stipulated as the compulsory obligation of the employer,there are no precedents to follow abroad,it is also the first time in the labor legislation of our country,its legislative purpose is to protect the legitimate rights and interests of vulnerable workers and build a harmonious labor relationship.This article uses sociological methods,through the statistics of the Human Resources and Social Security Departments and referee cases around,study the effect of the double wage system that did not sign a written labor contract actually affect the society,and in-depth analysis of the deep-seated causes of the current implementation difficulties,then put forward corresponding suggestions for improvement.This article is divided into three parts:The first part introduced the background of the double wage system,and discuss the legislative purpose of the system,recognizing the practical significance of protecting the legitimate rights and interests of workers,regulating the rights and obligations of labor and capital,and building a harmonious labor relationship,after further analyzing the applicable conditions of the system,Iay the foundation for the following.The second part specifically studying the application of the double wage system,although the implementation of the system has greatly improved the labor contract rate,influencing the development of labor relations in China,however,there are also many new problems such as the non-standard written labor contracts,the increased labor costs for employers,and the occurrence of rent-seeking litigation,different judgments in the same case,increased labor disputes,deepened the crisis of confidence between employers and employees.The third part analyzed whether the system should continue to be retained,focuses on the deep reasons for the existence of the system from the perspective of jurisprudence,then put forward recommendations to improve from three aspects,unified judicial interpretation on legislation,clear responsibility principle,amend the nature of double wages,in order to better realize the value of the double wage system.