| Written labor contract is the basic basis for workers to obtain wages,welfare and other labor treatment.It is also an important evidence to prove the labor relationship and related rights and obligations after the labor dispute.The provisions of articles 10 and 82 of the Labor contract Law in 2008,The employing unit shall sign a written labor contract with the laborer from the date of employment.If the contract has not been concluded for more than one month,the employer shall pay the laborer double wages within the period of more than one month and less than one year's unsigned written labor contract,Commonly known as "double wage compensation system",since then,in order to facilitate the application,in the implementation of the labor contract law regulations 5th,six to be refined.However,as an original system,these provisions are still too simple.In the process of application of the system,although it played the role of reducing the actual labor relations and increasing the signing rate of the labor contract,But it has also brought some problems that were not foreseen at the beginning of the design.The most typical is the emergence of a large number of "rent-seeking litigation",which has caused mistrust between workers and employers and increased the cost of employment.Seriously affect normal labor relations.And,as a result of the related labor laws and regulations,judicial interpretations and government policy was not in fact labor relationship double time to make further provisions shall be applicable to the compensation system of the concrete and interpretation,which related to the trial of labor dispute cases,to the extent of double time around and how to apply double time have a lot of differences and disputes,to become one of the difficult problems in judicial practice.In view of this,this paper aims to "labor contract law" double salary compensation system,combining with the legislative purpose,find a is conducive to regulate the behavior of unit of choose and employ persons and can reduce the laborer to malicious litigation mode,so as to better protect workers,and to reduce court tired.In clarifying some of the legal issues involved in double wages in the labor dispute,it is better to resolve the legal disputes involved in labor relations.This paper is divided into three parts to introduce the double compensation system in the labor contract law.The first part introduces the double pay compensation system,including the connotation,nature and significance of the system.The second part introduces the case analysis and the deficiency of the double pay compensation system,and further puts forward the deficiency of the system through the analysis of the case.The third part introduces the double wage law to perfect the compensation system,including the specific principles and specific legal advice,from the angles such as improve the system of double wage compensation applicable scope for double salary compensation system proposed the reasonable legal advice. |
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