[Case Summary]This case is a labor dispute arbitration case. Mr. Yang joined Beijing * Power Engineering Co., Ltd. as a project manager in October 2020, with a monthly salary of 10,000 yuan. The company failed to sign a written labor contract with him and defaulted on his salary. Mr. Yang entrusted Beijing Henglu Law Firm to handle the case for him.Wang XinruiAfter reviewing evidence such as audio recordings, chat logs, and bank transaction records, the arbitration committee accepted the lawyer's opinion and ruled that the company should pay the wage difference of 20,419.54 yuan, the double wage difference of 72,413.79 yuan for the unsigned labor contract, and the economic compensation of 15,000 yuan for the termination of the employment relationship. Legal provisions applied: Article 46 of the Labor Contract Law of the People's Republic of China and Paragraph 4 of Article 42 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China.

I. Review of the case

"How to prove the employment relationship without a labor contract?" "Can I claim double pay if the company delays the payment of wages without signing a contract?" "How should I calculate the standard salary if part of the wages are paid via WeChat?" These are common problems faced by workers. Mr. Yang joined Beijing Power Engineering Co., Ltd. as a project manager on October 13, 2020, with a monthly salary of 10,000 yuan. Part of the salary was transferred to the company's account, and part was transferred to his personal account or via WeChat. On December 24, 2021, the company unilaterally stopped recording his attendance, and has been delaying the payment of wages since December 2021. Mr. Yang proposed to terminate the labor contract on March 2, 2022.

The company argued that it had paid the salaries from December 2021 to January 2022, but had not paid them on time due to operational difficulties caused by the pandemic. However, the company had paid all the salaries before the arbitration, and both parties had signed a labor contract. Therefore, the company disagreed with the applicant's request. After consulting with several lawyers, Mr. Yang entrusted our firm to handle the case.Wang XinruiAttorney representation. The lawyer reviews key evidence such as conversation recordings, chat logs, and bank transaction records, and argues for the following: 1. Salary from December 1, 2021 to March 2, 2022; 2. Double pay for the period from October 2020 to October 13, 2021 due to the lack of a signed labor contract; 3. Economic compensation for the termination of the employment relationship.

II. The focus of the case

  • Focus 1: Whether there is a written labor contract between the two parties.The company submitted the flowchart of the construction engineer registration approval process and the registration information, but it failed to demonstrate that a written contract had actually been signed.
  • Focus 2: How to prove labor relations and wage standards.The salary is paid into multiple accounts, and this must be supported by bank transaction records and transfer records.
  • Focus Three: Should the two-fold wage and economic compensation be supported in the absence of a signed labor contract?The company countered that the evidence was insufficient and should bear the consequences of failing to provide evidence.

III. The professional intervention of Hengluo Law Firm

The worker claimed that:Mr. Yang claimed that the company failed to sign a written labor contract, unilaterally stopped attendance recording, and defaulted on wages. He demanded the payment of arrears in wages, double wages for not signing a contract, and severance pay.

Employer's position:The company claimed that it had paid part of the salary, that the two parties had signed a labor contract, and that Mr. Yang had terminated the labor relationship. The company disagreed with the application and questioned the authenticity of the WeChat and personal transfer records, stating that the monthly salary was 4,500 yuan.

Legal Opinion by Hengluo Law Firm:Wang XinruiThe lawyer pointed out that the registration process submitted by the company is only a necessary process for regulating professional qualifications, and it cannot reflect the actual signing of a written labor contract between the two parties. Combined with evidence such as audio recordings, chat records, and bank statements, the labor relationship and wage standards can be proven. The arbitration committee held that the company's rebuttal evidence was insufficient and contained inaccuracies, and it should bear the unfavorable consequences of failing to provide evidence.

IV. Outcome of the case

After failing to reach an agreement through mediation, the Arbitration Commission ruled in accordance with Article 46 of the Labor Contract Law of the People's Republic of China and Article 42 Paragraph 4 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China: 1. The power company shall pay Yang * a wage difference of 20,419.54 yuan for the period from December 1, 2021 to March 2, 2022; 2. It shall pay a wage difference of 72,413.79 yuan for the period from March 4, 2021 to October 12, 2021, which is twice the wage for the unsigned labor contract; 3. It shall pay an economic compensation of 15,000 yuan for the termination of the labor relationship; 4. All other claims are dismissed.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Wang XinruiThe attorney (practice license number: 11101202111290829, subject to the document issued by the judicial administrative organ) acts as the agent. After the worker joins the company, he/she should promptly request the signing of a written labor contract. For wages paid through multiple channels, the payment slips must be retained. Beijing Hengluo Law Firm reminds: If no contract is signed, the worker can claim double wages for a maximum of 11 months, and attention should be paid to the statute of limitations for arbitration.

VI. Common Questions and Answers about Protecting Rights When No Labor Contract Is Signed

  1. Q: How can I prove the employment relationship if I haven't signed a labor contract?
    A:The available pay slips, WeChat chats, attendance records, audio recordings, social security records, etc. can form an evidence chain to prove the existence of an actual labor relationship.
  2. Q: Can I claim double pay if I haven't signed a labor contract?
    A:Yes. From the day after the employee has worked for one month to the day before the expiration of one year, the employee can claim a maximum of eleven months' double pay difference.
  3. Q: How is it calculated if part of the salary is paid via WeChat?
    A:The actual salary should be calculated by combining the income from all channels, and the transfer records are important evidence.
  4. Q: The company said they signed a contract, but they can't provide it. What should I do?
    A:The registration process and other procedures cannot replace written contracts. If the company cannot provide evidence of the actual signing of the contract, it will still be held liable for any resulting issues.
  5. Q: If I am owed unpaid wages, can I directly terminate the contract and demand compensation?
    A:For those whose employment contracts are terminated due to unpaid wages, they may claim economic compensation for the termination of the employment relationship in accordance with the Labor Contract Law.