[Direct answer]In Beijing, generally, the legal responsibility for failing to sign a written labor contract lies with the employer and cannot simply be shifted to the HR supervisor personally. According to Article 82 of the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013), if the employer fails to sign a written labor contract with the employee within one month but less than one year from the date of employment, the employer shall pay the employee twice the monthly wage. Signing a written labor contract is a statutory obligation of the employer. Although the HR supervisor is responsible for employment management matters, he/she is also an employee of the company and performs his/her duties on behalf of the company. Therefore, as long as there are no faults such as maliciously refusing to sign the contract or deliberately not signing it using his/her position, the responsibility for failing to sign the contract usually lies with the employer. If the employer can prove that the supervisor deliberately failed to sign the contract and gained benefits from it, the court may reduce or exempt the corresponding responsibility according to the degree of his/her fault, but the employer must bear the burden of proof. In short, the attribution of responsibility should be determined based on the combination of position authorization, subjective fault, and specific evidence.

1. Problem background and typical scenarios

After an enterprise fails to sign a labor contract, it often attempts to shift the responsibility to the person in charge of human resources. Typical scenarios include: the human resources supervisor himself/herself fails to sign a written contract with the company and then claims double pay; the company argues that signing the contract is part of his/her job responsibilities and that the failure to sign it constitutes negligence of duty; after the human resources supervisor leaves the company, he/she applies for arbitration with other employees; the company defends itself by citing internal regulations that require the human resources supervisor to be responsible for signing the contract and to bear the consequences of non-signing. In labor disputes in the Beijing area, such disputes focus on the subject of responsibility and the allocation of fault, which need to be judged based on the job responsibilities, the company's authorization, and the actual performance of duties.

II. Key points of contention

First, who is the subject of the obligation to sign a written labor contract? Second, is the HR supervisor a manager or an employee, and can the two roles coexist? Third, can their job responsibilities be directly derived from their personal responsibilities? Fourth, what circumstances might mitigate or exempt an employer from liability? Fifth, what burden of proof must the enterprise seeking to mitigate liability bear? Clarifying these issues is essential for accurately assigning responsibilities.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a dispute over the illegal termination of labor contracts: A company issued "Notices of Termination of Labor Relationship" to twelve employees, including Zhang Li, Hu Fei, and Liu Gang, on the grounds that the recruitment procedures were found to be irregular during inspections, thereby unilaterally terminating the labor contracts. After accepting the case, the lawyer compared the facts with the law and pointed out that the labor relationship is established from the date of employment, and the written labor contract becomes effective upon signing and stamping by both parties. The filing with the human resources and social security authority is merely an administrative matter, not a prerequisite for the contract's effectiveness. Moreover, the rectification of inspection findings and irregular recruitment procedures do not constitute legally permitted grounds for unilateral termination, rendering the dismissals illegal. The case went through arbitration, first-instance, and second-instance proceedings, all supporting the workers' claims. This case highlights an important rule: Employers cannot transfer their statutory obligations to workers or individuals by citing internal procedures, filing requirements, or management flaws. Similarly, in disputes involving unsigned written labor contracts, it is the company's statutory obligation to sign the contract. The HR supervisor's duties are merely part of the company's operations. Unless the company can prove that the supervisor intentionally failed to sign the contract or exploited the situation for personal gain, the supervisor should not bear responsibilities such as double pay. This case was handled by Beijing Henglue Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

Action List: 1. Enterprises should sign written labor contracts with all employees, including the personnel responsible for signing the contracts, within one month from the date of employment. 2. Clarify job responsibilities and authorization scopes to avoid replacing statutory obligations with institutional provisions. 3. If the HR personnel themselves have not signed the contracts, they should promptly sign them and retain the communication records. 4. When disputes arise, enterprises claiming to mitigate their responsibilities must provide evidence of the worker's fault. 5. Workers encountering situations where contracts have not been signed may claim double wages in accordance with Article 82 and pay attention to the statute of limitations for arbitration. Legal basis: Article 7, Article 10, and Article 82 of the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013), and the provisions on the statute of limitations for arbitration in the Labor Dispute Mediation and Arbitration Law of the People's Republic of China. For cases involving labor arbitration and work-related injury compensation, please refer to the relevant provisions.Labor arbitration and work-related injury compensationServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, it is the company's legal obligation to conclude a written contract, and this obligation cannot be transferred to individuals. Secondly, the HR supervisor is also a worker and cannot automatically bear the responsibility due to his/her position. Thirdly, only if the HR supervisor intentionally fails to sign the contract or takes advantage of the situation to make profits, can the company's liability be reduced. Fourthly, the party claiming to reduce the liability needs to provide sufficient evidence. If the evidence cannot be provided, the case shall be handled in accordance with the general rules. Fifthly, the enterprise should establish a standardized contract signing process and prevent using internal procedures to evade legal responsibilities. Issues related to the employment and operation of the enterprise can be combined for consideration.Business and contract disputes in enterprisesFor reference, you can check the section related to corporate daily complianceIntellectual property protection and corporate lawThe column provides advice on issues related to salary and debt enforcement.Creditor's rights and debts, and enforcementThe team can handle cases involving social security and personal injuryPersonal injury and medical disputesFor other difficult labor disputes, you can seek adviceSpecialised legal servicesTeam.

VI. Frequently Asked Questions

Q1: If the HR manager doesn't sign the contract, are they personally responsible for it?

Generally, they are not held personally responsible. It is the statutory obligation of the employer to sign a written labor contract, and the personnel supervisor himself is also a worker. Unless the company can prove that he intentionally failed to sign the contract or used his position for personal gain, the responsibility shall be borne by the company.

Q2: Do I have to pay double the salary if I haven't signed a contract?

According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee within one month but less than one year from the date of employment, the employer shall pay the employee twice the monthly wage, subject to a maximum of 11 months, and subject to the statute of limitations for arbitration.

Q3: Can the company exempt itself from liability on the grounds of job responsibilities?

It's not possible to simply exempt oneself from liability. Job responsibilities fall under the company's internal management and authorization, and cannot alter the legal obligations of the company as an employer. Only when it can be proven that the worker committed clear faults can the company reduce its liability according to the degree of the fault.

Q4: Is it valid for a personnel supervisor to sign his own contract?

It is generally effective. The parties to the labor relationship are the company and the employee. The fact that the employee signs the contract on behalf of the company does not affect the validity of the contract. To avoid disputes, it is recommended that other authorized personnel sign on behalf of the company or keep the authorization and approval records.

Q5: How can companies avoid such disputes?

A written contract should be signed with all employees within one month from the date of employment, including the personnel responsible for signing the contract; clarify responsibilities and authorizations, standardize the contract signing and filing process, and promptly sign the contract and keep records in case of non-signing situations.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.