Contract Text Is Not Standardized Employees Refuse To Sign

The labor contract is not provided by the staff. Standard If the contract is refused, can the unit be relieved from paying double wages?

In May 11, 2013, Xu worked in a property company in Weihai and left in December 2nd. During the period, the two sides have not signed a labor contract. Xu Xu applied for arbitration to the labor and personnel dispute arbitration committee of Weihai economic and Technological Development Zone, and asked the property company to pay double wages without signing the labor contract. The Arbitration Commission's ruling supported Xu's appeal request. The property company refused to accept it, and referred to the court of the economic and Technological Development Zone. The property company claimed that the unit had repeatedly urged Xu to sign a labor contract, but Xu refused. Sign 。

The court held that Labor contract The sixth provision of the law enforcement regulations stipulates that if a laborer fails to conclude a written labor contract with the employer, the employer shall notify the worker in writing to terminate the labor relationship. The recording evidence submitted by the property company, although it can prove that the property company put forward a written labor contract with Xu in November 2013, Xu did not agree, but there was no evidence that the property company had written notice to Xu to terminate the labor relationship, so the property company should bear the legal consequences of not signing a written labor contract. The court then decided: the property company paid for Xu did not sign the labor contract double pay 14391 yuan. The property company still refused to accept the appeal to the intermediate people's Court of Weihai, and requested the rescission of the first instance decision.

In the trial, Xu replied that at the end of November 2013, because the labor department had to check the insurance payment situation, the property company drew up a labor contract with very irregular form and content to sign him, and there were many overlord clauses, so he did not sign it. The recording evidence submitted by the property company also showed that Xu said the contract was "irregular" at that time.

In the view of the court, from the content of the recording, Xu was refused to sign the contract because of the irregular labor contract provided by the property company. The property company also stated in the court that the labor contract text provided by it was a temporary employment contract downloaded from the network, so it believed that Xu refused to sign a labor contract which was not standardized by the property company. In summary, the court of first instance's decision is correct. The court finally rejected the appeal of the property company.