Brief description of the case

Star Company claimed that in March 2023, the company communicated with Zhao Liang to sign the labor contract, and had verbally informed Zhao Liang of the salary treatment, and after Zhao Liang signed the contract, the company would hand over to the relevant staff to fill in the name of the company and carry out the approval process of stamping the official seal. However, because Zhao Liang refused to sign the labor contract, the company and its termination of labor relations is not unlawful termination, so do not agree to pay Zhao Liang did not sign the labor contract two times the difference in wages and compensation for unlawful termination of labor relations.

Zhao Liang argued that the reason why the Company notified him of the termination of labor relationship was his refusal to sign the labor contract. However, the contract presented by the company did not state the name of the employer and the salary, and he asked the company to state it before signing the contract, but the company directly terminated the labor relationship with him, damaging his legitimate rights and interests, and should be compensated accordingly.

Court hearing

The court held that the labor contract that Starry Sky Company asked Zhao Liang to sign did not specify the basic salary, the employer and other necessary terms, and Zhao Liang, as a worker, had the right to refuse to sign it, and Starry Sky Company was the party at fault for the fact that the two parties did not sign the labor contract, and its termination of the labor relationship on the grounds of Zhao Liang's refusal to sign the labor contract was inappropriate, and belonged to the unlawful termination of the labor relationship, and Zhao Liang should be paid two times of the wages for not signing the labor contract. The difference was RMB 43,678, and the compensation for unlawful termination of labor relationship was RMB 9,066.

Judge's Statement

China's labor legislation clearly stipulates the necessary terms and conditions of an employment contract, in order to regulate the signing of a written employment contract between the employer and the worker, to clarify the rights and obligations of both parties, and to build a harmonious and stable labor relationship. Article 17 of the Law of the People's Republic of China on Labor Contracts stipulates that a labor contract shall contain the following provisions: (1) the name, residence and legal representative or principal person in charge of the employer; (2) the worker's name, address and the number of his or her resident's identification card or other valid identification document; (3) the duration of the labor contract; (4) the content of the work and the place of work; (5) the working hours and rest and leave; (6) the remuneration for labor; (7) the social security benefits; and (8) the right and obligation of the worker to work for the employer. (vi) remuneration for labor; (vii) social insurance; (viii) labor protection, labor conditions and protection against occupational hazards; and (ix) other matters stipulated by laws and regulations that should be included in the labor contract. The above necessary provisions of the labor contract are an important manifestation of the equality, voluntariness and consensus between the worker and the employer on the establishment of the labor relationship.

In the case that the name of the employer is not stated in the text of the labor contract, and the amount of remuneration for labor is left blank, the refusal of the worker to sign the labor contract which does not contain the necessary terms and conditions is a move to safeguard his or her own lawful rights and interests, and does not constitute disobedience to the management of the employer. The employer dismissed the worker, obviously lack of factual and legal basis, constitutes illegal termination of labor contract, not only according to the provisions of Article 82 of the Labor Contract Law of the People's Republic of China, to pay the difference of two times the wages for not signing the labor contract, but also according to the provisions of Article 47, Article 48, Article 87 of the Labor Contract Law of the People's Republic of China, to pay the compensation for the unlawful termination of the labor contract. Compensation.

Therefore, the employer should consciously standardize the model text of the labor contract and the process of signing the labor contract, truthfully inform the workers of the work content, working conditions and labor compensation and other basic information, and protect the workers' rights to labor contracts and employment rights in accordance with the law, in order to clarify the boundaries of the rights and obligations of the two parties, to reduce the risk of litigation, and to strive to build a harmonious and stable labor relations.

This article is reprinted from the WeChat public number “Beijing Haidian Court”, with thanks!