The issue of double salary settlement when the employment contract is terminated

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

First of all, the company can not give you a contract; Not illegal.

Secondly, if you have already signed it, the company can stamp it at any time, and you will not get double pay.

If the employer does not sign an employment contract with you, you can claim financial compensation for double wages.

That person is really a traitor, but overtime pay has to be given to you regardless of whether you sign the contract or not.

Legal Analysis: After leaving the company, the employee may not be able to claim double wages. According to the relevant laws of China, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer fails to conclude an indefinite-term labor contract with an employee in violation of the provisions of this Law, it shall pay the employee twice the monthly salary from the date on which the labor contract should have been concluded.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

According to the provisions of the Labor Contract Law, the employer violates the provisions of the Labor Contract Law and claims to compensate the employee for double wages: Situation 1: The employer has not signed a labor contract with the employee, and the employee will work for one month to calculate the double salary from the next day.

The above circumstances include the situation that the contract is not renewed after the expiration of the contract Situation 2: The employer should sign an indefinite term contract with the employee but does not sign an indefinite term contract, under what circumstances should the employer sign an indefinite term contract with the employee?

1) The worker has worked for the employer for 10 consecutive years;

2) When the labor contract system is implemented for the first time or the labor contract is re-concluded after the restructuring of a state-owned enterprise, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) If the employer has concluded two fixed-term labor contracts in a row, and 4) if the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have concluded an indefinite-term labor contract. In the event of an employer's violation of the above-mentioned circumstances, the employee shall request the employer to compensate the employer twice the wages. With regard to the nature of double wages, the first paragraph of Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee double the wages.

Is the nature of the double wage difference without an employment contract in the above-mentioned joke provisions a wage or punitive damages? Under normal circumstances, wages are the remuneration of the laborer, that is, the equivalent exchange for the labor paid by the laborer.

Obviously, the double wage difference without a labor contract is not premised on the amount of labor paid by the employee, but on the premise of the employer's illegal act of not signing a labor contract with the employee. It can be seen that although the term "wages" is used in the above-mentioned provisions, the double wage difference without a labor contract is a punitive damages, which is a punitive measure imposed on the employer for failing to sign a written labor contract with the employee in accordance with the law, and is a manifestation of the statutory liability borne by the employer for failing to sign a written labor contract with the employee in accordance with the law, and is not a labor remuneration and not a wage in the substantive sense.