Henan news broadcast reporter Yang Yang correspondent: Zhang Jiangyong, Gao Fangfang

After joining the company, the company has not signed a written labor contract and defaulted on wages for no reason. Xiao Zhang (pseudonym) filed a petition against the company to the court. The people’s Court of Jinshui District, Zhengzhou City made a judgment on this case. The defendant’s network company was sentenced to pay 3754 yuan of salary owed by the plaintiff Xiao Zhang, 4200 yuan of compensation and 12600 yuan of double salary difference without signing a written contract. At present, the judgment has entered into force.

The plaintiff Xiao Zhang said that in October 2020, she joined a network company and held the position of operation customer service. The two sides agreed on a base salary of 4200 yuan per month plus a commission. In February 2021, Xiao Zhang resigned. When she left, the company promised to pay her more than 6000 yuan of salary in batches by the end of June 2021. However, after transferring 2300 yuan to Xiao Zhang in March and April 2021, the company has been in arrears with the remaining salary, and the company has not signed a written labor contract with Xiao Zhang since he joined the company. To this end, Xiao Zhang sued the company to the court.

After hearing, the court held that the plaintiff Xiao Zhang joined the defendant’s company in October 2020, and there was a labor relationship between the plaintiff and the defendant. The defendant failed to pay the plaintiff wages in full and in time, so the plaintiff asked him to pay 3754 yuan of wages in arrears, which was supported by the court. If the defendant fails to terminate the labor relationship with the plaintiff in accordance with the law, he shall pay compensation to the plaintiff. The plaintiff claimed that the defendant should pay 4200 yuan as compensation, which was supported by the court. In addition, after the plaintiff joined the office, the defendant did not sign a written labor contract with the plaintiff, and the plaintiff claimed that the defendant should pay the double wage difference of 12600 yuan without a written labor contract, which was supported by the court.

The judge reminded

The employer shall establish a labor relationship with the employee from the date of employment. Both parties shall sign a written labor contract to clarify the rights and obligations of both parties to the labor contract and protect their respective rights and interests. At work, the employing unit shall actively implement the employment management, standardize the employment, and timely sign a written labor contract with the laborer. Workers should have the awareness of safeguarding their rights. At ordinary times, they should pay attention to collecting payslips or records, social security payment records, attendance sheets, work cards and other documents that can prove their identity, so as to effectively safeguard their legitimate rights and interests in case of disputes between both parties.