Viewpoint............................................................................................................................
Published:
2022-12-15
In labor dispute cases in which the laborer requires the employer to pay twice the wage, there are usually three focal issues:(1) whether the double wage difference is labor remuneration;(2) whether the arbitration limitation of the double wage difference applies to the ordinary limitation or the special limitation;(3) how to calculate the arbitration limitation of the double wage difference. By clarifying these three focal issues, labor dispute cases with double wages can be easily solved. The Legal Nature of "Double Wage" in 1. The double wage objection lies to a large extent in the expression of its words, regarding the legal nature of the double wage difference, there are two views in practice: the first view is that the double wage contains the word wage, so it should be understood as labor remuneration. The law clearly expresses double wages as wages. At the same time, the labor contract law has strictly distinguished the concepts of wages, economic compensation, compensation, liquidated damages and so on in the expression of legal concepts, which shows that legislators hope that the right to claim double wages of workers can obtain the same protection as their labor remuneration. Therefore, double wages are statutory wages. The second view is that double wages do not belong to labor remuneration, not the consideration provided by the laborer, but the punitive damages that the employer should bear for failing to sign a written labor contract in time. The word "wage" in double wages cannot be understood literally. Because wages are the manifestation of labor market prices, and they are the consideration remuneration that workers receive for providing labor. Without any increase in labor density and labor intensity, workers get another double just because they have not signed a written labor contract. Obviously, this double wage cannot be understood as the nature of labor remuneration. This extra double salary is actually the legal responsibility that the employer needs to bear because it has not signed a written labor contract with the worker. This kind of legal responsibility is actually a kind of punishment for the employer. The purpose of the legislator is to increase the illegal economic cost of the employer and urge the employer to sign a labor contract with the worker. Therefore, the double salary in the double salary is punitive compensation. The National Bureau of Statistics issued the "Regulations on the Composition of Total Wages" on January 1, 1990. Article 4 stipulates that the total wages shall consist of six parts, namely, hourly wages, piece-rate wages, bonuses, allowances and subsidies, overtime wages and wages paid under special circumstances. According to the "Supplementary Provisions on Relevant Issues of the Interim Provisions on Wage Payment" (Labor Department Fa [1995] No. 226), "wage payment under special circumstances" should refer to:(1) the wage payment of workers after being punished;(2) the wages and benefits of apprentices, skilled workers and graduates of colleges and secondary schools during their apprenticeship, proficiency, probation, probation and post-employment grading;(3) Wages for newly employed demobilized soldiers. Therefore, the provisions of the National Bureau of Statistics on the composition of wages can also strongly support the view that double wages do not belong to labor remuneration. "Double salary" is a false name of "salary", but not "salary. The author believes that the double salary does not consider the subjective motivation of the responsible subject. As long as the employer does not sign a labor contract with the laborer for more than one month, it should be paid. Although there is no actual damage to the laborer if the written labor contract is not signed, it damages the labor autumn order of social management and has illegal objectivity.
In labor dispute cases in which the laborer requires the employer to pay twice the wage, there are usually three focal issues:(1) whether the double wage difference is labor remuneration;(2) whether the arbitration limitation of the double wage difference applies to the ordinary limitation or the special limitation;(3) how to calculate the arbitration limitation of the double wage difference. By clarifying these three focal issues, labor dispute cases with double wages can be easily solved.
The Legal Nature of "Double Wage" in 1.
The double wage objection lies to a large extent in the expression of its words, and there are two views in practice on the legal nature of the double wage difference:The first view is that,The word wage is included in the double wage and should therefore be understood as remuneration for labor. The law clearly expresses double wages as wages. At the same time, the labor contract law has strictly distinguished the concepts of wages, economic compensation, compensation, liquidated damages and so on in the expression of legal concepts, which shows that legislators hope that the right to claim double wages of workers can obtain the same protection as their labor remuneration. Therefore, double wages are statutory wages.
The second view is that,Double wages do not belong to labor remuneration, not the consideration for the labor provided by the laborer, but the punitive damages that the employer should bear for failing to sign a written labor contract in time. The word "wage" in double wages cannot be understood literally. Because wages are the manifestation of labor market prices, and they are the consideration remuneration that workers receive for providing labor. Without any increase in labor density and labor intensity, workers get another double just because they have not signed a written labor contract. Obviously, this double wage cannot be understood as the nature of labor remuneration. This extra double salary is actually the legal responsibility that the employer needs to bear because it has not signed a written labor contract with the worker. This kind of legal responsibility is actually a kind of punishment for the employer. The purpose of the legislator is to increase the illegal economic cost of the employer and urge the employer to sign a labor contract with the worker. Therefore, the double salary in the double salary is punitive compensation. The National Bureau of Statistics issued the "Regulations on the Composition of Total Wages" on January 1, 1990. Article 4 stipulates that the total wages shall consist of six parts, namely, hourly wages, piece-rate wages, bonuses, allowances and subsidies, overtime wages and wages paid under special circumstances. According to the "Supplementary Provisions on Relevant Issues of the Interim Provisions on Wage Payment" (Labor Department Fa [1995] No. 226), "wage payment under special circumstances" should refer to:(1) the wage payment of workers after being punished;(2) the wages and benefits of apprentices, skilled workers and graduates of colleges and secondary schools during their apprenticeship, proficiency, probation, probation and post-employment grading;(3) Wages for newly employed demobilized soldiers. Therefore, the provisions of the National Bureau of Statistics on the composition of wages can also strongly support the view that double wages do not belong to labor remuneration. "Double salary" is a false name of "salary", but not "salary. The author believes that the double salary does not consider the subjective motivation of the responsible subject. As long as the employer does not sign a labor contract with the laborer for more than one month, it should be paid. Although there is no actual damage to the laborer if the written labor contract is not signed, it damages the labor autumn order of social management and has illegal objectivity.
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