In January 2013, Ding went to a sales company to do after-sale service, but the company did not sign a written labor contract with Ding.

In July 2014, due to changes in operating conditions, the company was closed down and some employees gradually left the company.

In early August, Ding also left the company.

Ding asked the company to pay its wages in July, and submitted an arbitration application to the local labor and personnel dispute arbitration committee, which required the company to pay labor remuneration and two times wages totaling 18223 yuan.

The Arbitration Commission heard that

"Article thirtieth provides that the employer shall pay the workers in full and in time in accordance with the stipulations of the labor contract and the state regulations.

The eighty-second clause and the first paragraph stipulate that the employer shall pay two times the monthly salary to the laborer if he fails to conclude a written labor contract with the employee for more than one month after the date of his own employment.

It is the most direct evidence material for determining the rights and obligations of laborers and employers. It is the most effective and clear basis for solving labor disputes and determining the attribution of fault.

If the employer fails to sign a labor contract with the laborers, if the labor dispute occurs on both sides, the Arbitration Commission will use the referee method presumed to establish a fact to support one party's related claims.

Specifically, in the case, the sales company did not sign a labor contract with Ding after its application for Ding Mou.

The Commission made the presumption result that Ding Mou advocated the establishment of the law, which is also a punishment for the sales company not observing the labor laws and regulations.

Finally, the Arbitration Commission, in the case of mediation failure, decided to pay 1800 yuan and two times the salary of 15998 yuan by the sales company.

Related links:

The employer has rescinded the dispute on the labor relationship with a worker. It has been dispatched by the Yibin Federation of trade unions for the mediation of the head of the legal protection department, and the unit has paid 40 thousand yuan for the employees' economic compensation.

The worker gives the golden flag, praises the City Federation of trade unions to "safeguard the fairness and justice of the law, and protect the legitimate rights and interests of workers."

The unit recruited the employee on a non commissioned basis. The two sides established labor relations for eight years, and signed third non fixed term labor contracts.

Due to changes in the objective situation, 30 days in advance, the unit has written notice to terminate the labor contract. There are some disputes between the two parties.

The worker advocates: pay wages according to the equal pay for equal work and pay compensation; make up for the unpaid three and a half years old age insurance premium and late damages or compensate for the loss; the unit fails to pay the unemployment insurance to compensate for the loss of the workers; make up the medical insurance premiums not paid before the actual payment of medical insurance, and coordinate the outpatient payment to pay personal accounts or units to compensate for the losses; pay the real provident fund before paying the housing provident fund, and calculate the housing provident fund of the insufficient part of the working years according to the same post wage standard, and pay double economic compensation.

The head of the Legal Protection Department of the Municipal Federation of trade unions has warmly received workers and relatives, detailed information about the employees, consulted the staff's supporting materials, and solved the difficulties for the staff members.

經(jīng)充分準(zhǔn)備，該負(fù)責(zé)人向單位核實(shí)職工反映的 情況，提出調(diào)解意見：一是工資如果存在低于本地最低工資標(biāo)準(zhǔn)部分由單位補(bǔ)發(fā);二是養(yǎng)老保險(xiǎn)單位未繳納部分如果能補(bǔ)繳，單位、職工按比例補(bǔ)繳，如果不能補(bǔ)繳單位依法賠償;三是職工在該單位工作以來未發(fā)生疾病住院，建議職工放棄醫(yī)療保險(xiǎn)權(quán)益主張，并提醒職工今后參加工作及時(shí)主張繳納社會(huì)保險(xiǎn)，如果達(dá)到退休年齡未連續(xù)繳納滿15年以上，退休后自己如果不繼續(xù)繳納醫(yī)療保險(xiǎn)，則不能享受醫(yī)療保險(xiǎn)待遇;四是未繳納年月住房公積金，單位按該職工工資計(jì)算補(bǔ)繳或者賠償支付職工;五是按工作年月、解除勞動(dòng)關(guān)系時(shí)本地失業(yè)保險(xiǎn)金標(biāo)準(zhǔn)，一次性賠償職工失業(yè)保險(xiǎn)待遇;六是按職工解除勞動(dòng)關(guān)系前12個(gè)月平均月工資、工作年月計(jì)算支付職工經(jīng)濟(jì)補(bǔ)償金。

The higher authorities of the employing units are in charge of the leadership and the leadership of the unit attaches great importance to the rights and interests of the workers, and the workers calculate the average wage in the first 12 months of the termination of labor relations, and the unit voluntarily rectify the economic compensation.

Both units and workers agree with the mediation of the Legal Protection Department of the Municipal Federation of trade unions.

In March 6th, the unit paid the employees such as economic compensation.