The Text Of The Labor Contract Is "Snow Hidden" &Nbsp; Laborers' Rights To "Sue For No Evidence".

　 　 Labor contract Text is "Snow" Laborers' rights protection "To sue for no evidence"

"The labor contract was signed only, and it was taken away by the boss. The payroll was taken away after signing the money every time. I want to protect my rights but I don't have anything on hand." this is the current distress of Peng Dongmin, an ordinary laborer in Loudi, Hunan province.

In early May of this year, Peng Dongmin arrived in Changsha and saw a liquor company recruiting a salesperson and having a higher base salary. After a series of interviews, Peng Dongmin became a salesperson of the company and signed a labor contract with the company. But the company did not hand him the text of the labor contract.

From July to the middle of August, Peng Dongmin had no achievement and was dismissed by the company. When Peng Dongmin wanted to protect his rights through legal means, he wanted to sue for no reason because he didn't have a labor contract.

As a matter of fact, the fact that a labor contract has been signed, but the employer has not handed the contract text to the laborer is quite universal throughout the country. Laborers do not have a labor contract in their hands. On the surface, it is a trivial matter. Once the workers are injured or unpaid, wages and salaries are unpaid, the existence of labor contract texts often determines whether workers can safeguard their rights.

Some scholars said that Labor Contract Law After the introduction of the contract, the labor contract signing rate in China has greatly improved. However, there is no contract text in the hands of the laborers.

Xiao Jin Cheng from Beifang Univesity of Nationality said that the eighty-first article of the labor contract law clearly stipulates that the employer has not ordered the labor contract text to be delivered to the laborer, the labor administrative department shall order it to rectify it, and the worker who causes damage to the laborer shall be liable for compensation. But in practice, it is very common for employers to deliver contracts to laborers.

Compared with not signing labor contracts, it does not give workers the illegal and covert nature of the contract text, and can achieve the goal of "one stone, several birds". The illegal employer "can handle the inspection of the labor department, and the laborer has no text. Even if there is a dispute, whether the worker applies for arbitration, whether the complaint is good or whether the action is brought to court is not proof of our labor relations." Xiao Jin said, "ten thousand steps back, finally prove that the two sides have labor relations, filing, resulting in employers to take out the labor contract, so that they do not have to bear two times the responsibility of wages, that is, do not have to bear the legal responsibility of not signing a labor contract."

"This question is really worth our reflection. How can we guarantee that the employer will give the labor contract text to the laborer?" Xiao said. "The order for correction" stipulated in the labor contract law has no binding force on the employer. "This reveals that there are legislative defects in the provisions of the 81 clause of the labor contract law. It can neither guide and supervise the employing units to fulfill the labor contract law actively, nor can the labor contract be handed over to the laborers, nor can the workers' losses be relieved accordingly."

Xiao Jincheng suggested that if a labor contract was not handed over to a laborer, it should be deemed to have failed to sign a labor contract, and the employer should not bear the legal liability for signing the labor contract. In addition, he suggested that the labor department should take the contract text to the laborer as an object of inspection in the law enforcement inspection.