[Case Summary]This case is a labor dispute. Liu * has been employed by * Sanitation Group Co., Ltd. as a cleaning supervisor since October 20, 2013, with a monthly salary of 4,000 yuan. The company has not signed a labor contract, failed to pay social insurance, and has been delaying the payment of wages for a long time. Liu * entrusted Beijing Henglu Law Firm to handle the case.Wang FangliThe lawyer defends the client's rights. Based on the confirmation of the labor relationship, the lawyer collects evidence such as attendance records, wage transfers, and termination notices. The arbitration award confirms the labor relationship and supports claims for overtime pay, double-wage compensation, and economic compensation, totaling approximately 120,000 yuan. The core disputes include the determination of double-wage compensation for unsigned contracts, overtime pay, and economic compensation for forced termination. Applicable legal provisions: Article 10 and Article 82 of the Labor Contract Law; Article 27 of the Labor Dispute Mediation and Arbitration Law.

I. Review of the case

Liu * joined a certain sanitation (Group) Co., Ltd. on October 20, 2013, and served as a cleaning supervisor, with a monthly salary of 4,000 yuan, which was paid at the end of each month. After joining the company, the cleaning company did not sign a written labor contract with him and did not pay social insurance in accordance with the law. The company defaulted on his wages from October 20, 2013 to September 20, 2020, and from February 1, 2022 to March 7, 2022. There were also cases of overtime work beyond the legal limit, overtime work on rest days, and overtime work on statutory holidays. During his employment, Liu * did not enjoy paid annual leave. On March 7, 2022, Liu * initiated the termination of the labor relationship with the cleaning company on the grounds of the company's failure to pay social insurance in accordance with the law, wage arrears, and non-payment of overtime wages. Faced with common puzzles such as "how to prove the labor relationship without a contract" and "what to do if the company refuses to acknowledge it", Liu * entrusted Beijing Henglu Law Firm to handle the case for him.Wang FangliThe lawyer is representing this case.

II. The focus of the case

  • Focus 1: Whether the labor relationship between the two parties can be confirmed and the determination of its duration of existence.The company denied the existence of a labor relationship during certain periods, so it was necessary to rely on evidence such as attendance records and payroll records to establish the employment facts from October 20, 2013 to March 7, 2022.
  • Focus II: How to calculate the double wage difference for employees who have not signed a written labor contract.The company claimed that the contract was taken away by Liu * but failed to provide evidence. The starting and ending periods and the amount of the double-wage difference became the core of the dispute.
  • Focus Three: Identification of overtime pay and forced termination of economic compensation.The company argued that Liu * had clocked in multiple times and had already taken his annual leave, and it was necessary to clarify the basis for paying overtime, rest days, statutory holidays, and the 4,000 yuan in economic compensation.

III. The professional intervention of Hengluo Law Firm

The original plaintiff (the party involved) claimed that:Liu * claimed to confirm the labor relationship, and demanded the payment of arrears in wages, overtime pay, rest days, overtime pay on statutory holidays, the difference in wages of twice the amount due for not signing a contract, and economic compensation for the termination of the labor relationship, etc.

The defendant argued (the respondent's position):The cleaning company did not recognize the authenticity of the evidence, claiming that it had signed a labor contract with Liu * but that Liu * had taken it away. Liu * was dismissed due to work-related stress, and there were also instances where Liu * clocked in for multiple employees and had already used up all of his annual leave.

Legal Opinion by Hengluo Law Firm:Wang FangliAfter the lawyer took on the case, he made it clear that "confirming the labor relationship is the prerequisite for all compensation claims", sorted out the key time points, and collected key evidence such as the "Notice of Forced Termination of Labor Relationship", express delivery receipts, employee attendance sheets, attendance records, bank salary transfers, and WeChat transfers. On March 14, 2022, the lawyer represented Liu * to file an arbitration application. During the trial, he responded to the company's objections by acknowledging the authenticity of the WeChat group chat records, attendance sheets, and WeChat chat records, but not their probative value. He pointed out that the handwritten attendance records were unilaterally prepared by the other party, and the machine-printed attendance records were exported from the system with some punch-in records missing. In the end, the arbitration committee adopted our arguments.

IV. Outcome of the case

The Arbitration Commission confirmed that the parties had a labor relationship from October 1, 2020 to March 7, 2022; ordered the cleaning company to pay overtime wages of 33,517 yuan, rest day overtime wages of 55,540 yuan, statutory holiday overtime wages of 10,482 yuan, economic compensation for terminating the labor relationship of 4,000 yuan, unpaid double wages of 15,126.44 yuan due to failure to sign a labor contract, and unpaid annual leave wages of 2,206.9 yuan, totaling approximately 120,872 yuan. In accordance with the relevant provisions of the Labor Law, the Labor Contract Law, and the Labor Dispute Mediation and Arbitration Law, the Arbitration Commission held that the company failed to provide a reasonable explanation and evidence for the disputed facts, and Liu's claims were in accordance with the law and did not exceed the statutory calculation standards, so they were supported.

5. Hengluo Law Firm's Reminder

The employer shall establish a labor relationship with the worker from the date of employment and shall conclude a written labor contract within one month from the date of employment. If a written contract is not concluded within one month but less than one year, the employer shall pay the worker twice the monthly salary. If the worker encounters situations such as "the employer refusing to sign a contract", "arrears in wages and failure to pay social insurance", he/she shall promptly preserve evidence such as attendance records, salary records, and termination notices. This case is handled by Beijing Henglu Law Firm.Wang FangliAttorney (practice certificate number: 11101201911086939, subject to the certificate issued by the judicial administrative organ) acting as the agent.

VI. Common Questions and Answers about Labor Arbitration Cases

  1. Q:How to prove the employment relationship if no labor contract has been signed?
    A:The employer can form a chain of evidence by providing pay slips, attendance records, work badges, WeChat chat records, and termination notices, etc., to prove the fact of actual employment.
  2. Q:How much do I have to pay as compensation if my employer refuses to sign a contract with me?
    A:From the day after the employee starts working to the day before the expiration of one year, the employer shall pay the employee twice the difference in wages every month, with a maximum claim period of 11 months.
  3. Q:Can I request economic compensation if I'm forced to terminate the employment relationship?
    A:Under circumstances such as the unit failing to pay social insurance in accordance with the law or defaulting on wages, workers can be forced to terminate the employment contract and claim economic compensation, which is calculated based on the length of service.
  4. Q:How to provide evidence for overtime pay?
    A:The worker shall initially prove the fact of overtime work, and the employer shall provide evidence such as attendance records if available. Otherwise, the employer shall bear the adverse consequences.
  5. Q:How long is the statute of limitations for labor arbitration?
    A:The statute of limitations for applying for arbitration in labor disputes is one year, which starts from the date when the party knows or should have known that their rights have been infringed.