The first arbitration case filed in Wuhan based on the Labor Contract Law was “born”
Yesterday, Wuhan female worker Dong Xia applied for arbitration to the Wuhan Labor Dispute Arbitration Commission in accordance with the new “Labor Contract Law of the People’s Republic of China” that came into effect on January 1 this year: If the employer did not sign a fixed labor contract with her , just pay double the salary. This is the first arbitration case filed in Wuhan based on the Labor Contract Law.
Dong Xia, 37, is an employee of a textile group company in Wuhan. According to her complaint, she joined the company in 1992. Until April 2003, the company unilaterally stopped Dong Xia’s work. According to the arbitration award issued by the Municipal Labor Dispute Arbitration Commission in November 2003, the company paid Dong Xia’s basic pension insurance premiums from January 1995 to June 2002, and Dong Xia also paid back her personal premiums at the same time. However, the company has never signed an open-term labor contract with Dong Xia.
Dong Xia believed that the company violated the “Labor Law of the People’s Republic of China” and the new “Labor Contract Law of the People’s Republic of China” promulgated on January 1 this year. She applied for arbitration and requested an order to order the company to negotiate with her in accordance with the provisions of the new “Labor Contract Law”. Sign a non-fixed-term labor contract; and pay her twice her salary every month starting from January this year until the date when the non-fixed-term labor contract is signed.
The Municipal Labor Dispute Arbitration Commission stated that it will decide within 7 days whether to accept the case.
Lawyer’s Statement
Yesterday, Lawyer Xu Hui from Lawyer Xu’s Labor Rights Protection Studio said that in order to apply the Labor Law to sign an unfixed-term labor contract, three conditions need to be met at the same time: working continuously for the company for more than ten years. ; Both she and the company agreed to renew the labor contract; she proposed to enter into an unlimited-term labor contract.
If the “Labor Contract Law” applies, only two conditions need to be met at the same time: working continuously for the company for ten years; and proposing to conclude a labor contract with no fixed term. In other words, Dong Xia doesn’t have to look at the company’s face to act.
There are no relevant provisions in the Labor Law regarding the treatment before signing an indefinite-term labor contract. However, the “Labor Contract Law” stipulates that if the employer violates the law and fails to conclude an open-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date it should be concludedAAE4T45UY75T
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