Employees Maliciously Claim Double Pay, Breach Of Integrity, Litigation

In October 2011, Yao entered a system company to work as a clerk. The salary was about 2200 yuan per month.

After second days of work, Yao went to the regional social insurance business management center to handle his own recruitment registration procedures, and opened the account for the company.

When completing the filing materials, Yao signed the "initial sign" in the column "whether the labor contract was signed", and stated in the column "the beginning and end of the labor contract" from October 26, 2011 to October 25, 2013, "clerks" in the column of "engaging in posts or jobs".

In the following months, Yao was not only responsible for the daily clerical work of the company, but also did a lot of personnel management work.

After handling the pfer of his social security account and paying the formalities, Yao handled the recruitment registration procedures and the social security account procedures for Wang and yuan.

Because of its own reasons, Yao worked in the company until the end of May in 2012.

After that, Yao failed to sign a labor contract and failed to negotiate with the company for a double wage gap, which brought the company to court.

In the trial, the company argued that Yao was a company clerk, but actually he was also a personnel manager of the company. The two sides had signed a labor contract, but a company's labor contract was taken away by the plaintiff.

After hearing the court, the court held that the duty range of the plaintiff's occupation was contained.

The company has the responsibility to keep the employee's labor contract.

Although the defendant failed to provide a written labor contract signed between the defendant and the defendant, his own employment registration materials from Yao had proved that the two sides had signed a written labor contract.

Yao denied that he had engaged in personnel work and signed written labor contracts between both sides, but did not provide relevant evidence to support it. Therefore, the court did not accept it. For the company, he said that Yao did not hand over the written labor contract signed between the two parties to the company when he handled the handover.

Therefore, the court made a trial decision and rejected the plaintiff Yao's claim.

It is an agreement between the laborers and the employing units to establish labor relations and clarify the rights and obligations of both sides.

When a labor relationship is established between an employer and a laborer, a labor contract shall be concluded.

But in reality there are many cases of failing to sign written labor contracts on time.

Because some employers and workers have weak legal consciousness, or some employers take advantage of their advantages, violate the legal provisions, deliberately delay or refuse to sign written labor contracts with laborers, and avoid the labor contract obligations that should be fulfilled.

In reality, there are also some workers who do not sign a written labor contract in order to obtain illegitimate interests and use personnel and other duties.

When the labor contract was taken away privately, afterwards, the malposition claimed that the labor contract was not signed twice.

This behavior not only violates the principle of good faith, but also does not meet the conditions of the employer to pay the difference of double wage.

The malicious action of a few laborers has lowered their social credit rating and damaged the legitimate rights and interests of the employing units.

The court recommends that, on the one hand, the workers should abide by the principle of good faith while safeguarding their rights, and protect their rights and interests in a lawful and reasonable manner.

On the other hand, employers should not only attach importance to the signing of labor contracts, but also attach importance to the custody of labor contracts.

For personnel and other staff members, the labor contract should be kept by other managers, such as company managers.

In case of personnel personnel's own custody, personnel handover should be handled in order to prevent loss.