Can "Labour Touch Porcelain" Be Prevented?

Mr. Yang is in Beijing Tang Tang Wedding Service Co., Ltd., which belongs to the company's top management.

The company has not signed a written labor contract with Mr. Yang.

Mr. Yang once asked the company to sign a labor contract. The company said that when he entered the office, the two sides signed a letter of commitment. He provided labor for the company, and the company paid him labor remuneration.

A few months later, the company thought that Mr. Yang had failed in his work and dismissed him. After completing his resignation procedures, Mr. Yang applied for arbitration to the Arbitration Commission of the company where he claimed, including the double pay compensation which did not sign labor union.

The Arbitration Commission supported this claim and decided that the company paid 44000 yuan to Mr. Yang for not paying two times the wage difference of the labor contract.

The company disagrees with the arbitration award and sued the court. The court finds that the undertaking is not equal to the written labor contract, and the judgment is basically consistent with the arbitration award.

The company appealed and the court of second instance upheld the original judgment.

Perhaps the company believed that Yang had deliberately used the labor law to corrupt the company before he sued the court for appeal.

However, the company dismissed Mr. Yang from the court and did not submit evidence that Mr. Yang seriously violated the rules and regulations. There was no requirement for the termination of labor relations in accordance with the law and no payment of damages.

The company takes the letter of commitment as a written labor contract, and it can only take its own fruit.

In reality, there is a phenomenon of "labor touching porcelain". In the past 6 years, Qin Jiwei, a migrant worker in Dongguan, has repeatedly sued his company for failing to sign a labor contract or work-related injury. He demanded compensation and made frequent efforts. The company being prosecuted by him regarded Qin as a "labor touch porcelain" while Qin believed that he was a legitimate right holder.

It has been analyzed that Qin Mou made use of the "labor contract law", "the employer has no more than one month to write a written labor contract for more than a month from the date of his own employment, and shall pay the worker two times the monthly salary".

But Qin said he had only prosecuted three companies so far. He went to court because of financial difficulties. He learned to retain evidence from television, so he would take the initiative to retain evidence when he went to every company.

Is there any thing about "labor touching porcelain"? Yes, there are.

From "

After the implementation of the work, there appeared a labor professional fake person.

Although the enterprise has strong voice power, it can let the media hear the sound and expose the professional dummy.

However, the actual situation is that it is too numerous for employers to evade labor laws and sign labor contracts with workers.

It seems that the labor contract law does not sign a written labor contract with the laborers.

The rule of double pay is correct.

The initiating power of signing a labor contract is in the employing unit. If a worker deliberately dragged on without signing a labor contract to make profits, the enterprise can completely dismiss it.

Recently, the "consumer protection law enforcement Ordinance (Draft)" was consulted, one of which is "not for the purpose of making profits for the purpose of buying, using goods or receiving services".

This means that people who are still in the ascendant of professional counterfeiting in recent years will not be able to be protected by consumer protection.

Some people hope that the regulations on the implementation of the labor contract should also be amended so as to protect labour laboring porcelain from the labor contract law.

But labor laboring porcelain is not protected by labor laws. For example, the person in charge of labor contract signing work intentionally fails to sign labor contracts with himself and file a lawsuit.

Compensation will not be legally supported.

Is it the "labor touch porcelain" and the employer has the burden of proof.

If the labor law is not followed, the bitter fruit will only be eaten by the employer.

After all, when employing a unit to sign a labor contract with a laborer, it has absolute initiative and has the advantage of managing the laborers. It is necessary for the law to protect the legitimate rights and interests of laborers.