Can The Personnel Manager Claim Double Pay Without Signing The Contract?

< p > < strong > < a > href= > //www.sjfzxm.com/news/index_c.asp > > personnel manager < /a > take away contract < /strong > /p >

< p > < strong > requires double pay, < /strong > /p >

Ms. P, who is engaged in forensic work in a food company, briefed reporters on such a case.

In July 2012, Mr. Zhang, who has many years of personnel management experience, was hired by the food company as the manager of human resources department. Mr. Zhang's job is to deal with the labor matters of the company. Signing and keeping labor contracts is one of his duties.

< /p >

In June this year, Mr. Zhang resigned for personal reasons. "P"

After completing the handover procedure with the company, Mr. Zhang suddenly applied for arbitration, requiring the company to pay the double wage difference which did not sign the labor contract, totaling more than 6 yuan.

The new personnel manager did not find Mr. Zhang's labor contract in the company, which made the company unprepared.

< /p >

< p > > according to common sense, < a href= > //www.sjfzxm.com/news/index_cj.asp > labor contract > /a > two copies, which is kept by workers and companies. In this case, it shows that Mr. Zhang took advantage of his position and took another labor contract before leaving, and applied for arbitration. He claimed that he did not sign twice the salary of the labor contract. In such a case, how should the enterprise respond to it? In addition, in view of the fact that the personnel manager kept the labor contract, so that the enterprise could fall into an unfavorable situation in the burden of proof, and how should the enterprise prevent it? < /p >

< p > lawyer Yao Junchang, director of the labor and Social Security Department of Beijing sharp law firm and lawyer of Dayuan lawyer team, pointed out that for the personnel manager's claim that the labor contract has not been signed double wages, the employer can actively collect evidence to prove that both parties have signed a labor contract, including video materials for the training of new recruits, photocopy of labor contracts, confidentiality agreements, payment of social security vouchers and leave applications.

The employer should also properly keep every employee's entry registration form, employee list, copy of the employment notice, receipt and registration form, and copy the original labor contract to another person.

Once the personnel manager intentionally conceals the labor contract and advocates double pay, he can refute the written evidence as the employer can produce the complete evidence chain.

< /p >

< p > < strong > < a href= > //www.sjfzxm.com/news/index_cj.asp > > Contract > /a > fault is < /strong > /p >.

< p > < strong > unfulfilled responsibilities are hard to be supported < /strong > /p >

< p > in recent years, the personnel manager has not signed the labor contract mainly including the following situations: first, the personnel manager is not willing to sign the contract, creating conditions and opportunities for double wages in the future; two is the negligence of the personnel manager, only signing with the other employees of the unit, but missing himself; three, the unit management is not perfect, the staff manager has not signed the labor contract, and the personnel manager has also included it; four, the labor contract has been signed, but the personnel manager has removed the contract when he left the office, so as to ask the company to ask for double wages.

< /p >

< p > then, if the personnel manager claims that the double wage of the labor contract has not been signed, how can he identify it in judicial practice? Yao Jun Chang believes that the terms "double wages" in the labor contract law do not distinguish the identity of the laborer and the position in the employing unit. In his original intention, if the employer fails to sign a labor contract with the personnel manager, he should also be liable for paying double wages.

However, after all, personnel managers belong to a special group. Their familiarity with labor laws and regulations is far higher than that of ordinary employees. Their job responsibilities are to deal with matters relating to the fulfillment of labor contracts by workers.

After entering the post, the personnel manager shall sign the labor contract of his unit in accordance with his authority. If it fails to fulfill the obligation, it does not offer the employer's request to sign a written labor contract, which belongs to the act of a subjective fault or a violation of the principle of good faith.

Therefore, in the current judicial practice, the claim that the personnel manager requests double pay is generally not supported.

< /p >

< p > however, if the personnel manager can provide corresponding evidence to prove that it has submitted a written labor contract to the employer, but the employer refuses it for various reasons, or the employer and other employees have not signed a written labor contract, and the personnel manager himself does not have any fault, the personnel manager's proposal can be supported.

< /p >