Personnel manager said that the company has not signed a labor contract to claim, court: rejection of its request

Ji Mu Journalist Sun Tingting

Correspondent Gao Yan

Intern Wang Weilong Peng Jiani Liu Mengyu

Mr. Zhao (Hua's surname) applied for a person in Wuhan as a personnel manager. The two parties only agreed with wages and other matters in verbally, and did not sign a labor contract. After 4 months of his office, Mr. Zhao proposed to leave, and said that the company did not sign the contract and asked for compensation for more than 30,000 yuan. After trial of the Hongshan District Court of Wuhan City, the court rejected Mr. Zhao's lawsuit request that he knew the law as a personnel manager than ordinary employees, and he never asked to sign the contract during his tenure, so he did not support Mr. Zhao's claims.

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In December 2020, Mr. Zhao joined a company in Wuhan as the company's deputy manager. Before joining the employment, Mr. Zhao and the company's in charge agreed by WeChat that the basic salary in the first three months was 10,000 yuan per month, and the basic salary began in the fourth month was 13,000 yuan per month. Mr. Zhao has not signed a labor contract with his company during his entry. In April 2021, Mr. Zhao proposed to leave to apply for arbitration with the labor and personnel dispute arbitration committee of Hongshan District, Wuhan City, asking the original company to pay the double wage difference between the unsigned labor contract and the salary of more than 30,000 yuan in April 2021.

After the arbitration commission ruling, the original company was required to compensate for and arrears with a total of more than 30,000 yuan. Mr. Zhao's original company did not accept the arbitration award. In April 2021, Mr. Zhao brought the original company to the Hongshan District Court of Wuhan. After trial, the court investigated found that Mr. Zhao's resume showed that before he joined the original company, he served as an operating director in a human resources company in Shanghai for more than a year, and since then he served as a branch manager in a human resources company in Beijing.

The court believes that if the employer does not make a written labor contract with the worker for more than a month from the date of self -employment of the employer, it shall pay twice the salary of the workers every month. However, in this case, Mr. Zhao, as the deputy general manager of personnel and has the experience of human resources companies, is much more familiar with labor laws and regulations than that of employees of ordinary enterprises. The manager itself is responsible for signing the labor contract. Even if the company does not actively sign a labor contract with it, it should be signed with the company as a managers who are responsible for labor and personnel work. The company's request to sign a labor contract. Therefore, Mr. Zhao should be responsible for his own labor contract.

In January 2021, the first trial that the original company did not need to compensate Mr. Zhao to the double wage difference between the labor contract without signing the labor contract. Mr. Zhao was not convinced that he appealed. In May this year, the original judgment was maintained in the second instance.

(The picture is provided by the correspondent)

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