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With the continuous advancement and in-depth popularization of information technology, new forms of telecommunications network fraud emerge in an endless stream, seriously endangering the property safety of the people. In order to further enhance the ability of the general public to prevent and identify fraud, and improve the people's awareness and ability to prevent telecommunications network fraud, the Baoshan District Justice Bureau and the Baoshan District Media Integration Center jointly produced the "Say - I will popularize the law for the people to fight against fraud" column, launched anti-fraud stories, told stories around the people, enhanced the people's anti-fraud and anti-fraud skills, and actively built a general pattern of popularization and law-based governance with the participation of all people in co-construction, co-governance, and sharing.

"Shuo Fa" - the legal advisor at your side!

Shanghai Baoshan District Labor and Personnel Dispute Arbitration Court

Arbitrator

Guests of this issue

Scene Theater

Xiao Li

Xiao Chen, I heard that we all signed a labor contract when we joined the company, but why didn’t I sign it? Can I ask the company for double salary?

Xiao Chen

Ah? Didn't you sign it? I remember that when I joined the company, the HR department of the company organized everyone to sign the contract together.

Xiao Li

What? The labor contract was not signed at that time because it did not mention salary and remuneration! Then they just signed a salary agreement. This is entirely the responsibility of the company's human resources department. The company should be responsible!

Lawyer Tips

According to the Opinions of the Shanghai High People's Court on Several Issues Concerning the Application of the Labor Contract Law (Shanghai High People's Court [2009] No. 73), the conclusion and performance of labor contracts shall comply with the principle of honesty and trustworthiness. If the employee has actually worked for the employer and the employer has not concluded a written contract with the employee for more than one month, whether the employer needs to pay the employee double wages should be considered whether the employer has fulfilled its obligation of honest consultation and whether the employee refuses to sign. If the employer has fulfilled its obligation of honesty, but the labor contract is not signed due to force majeure, unexpected circumstances or the employee's refusal to sign, etc., it does not fall under the situation of "the employer has not concluded a written labor contract with the employee" as stated in Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China. In this case, the company has negotiated with Xiao Li on the signing of the contract and provided the contract text, and has fulfilled its obligation of honest consultation. Xiao Li's request for double wages should not be supported.