Basic situation: In labor disputes, many employees demand double compensation from the company, but they may not even get double when they finally apply for arbitration. So, under what circumstances can a worker receive double compensation?How should companies avoid the legal risk of double compensation?Let's talk about it in detail below:
1. The situation of not signing a labor contract?
If the employee does not sign a written labor contract, the employee shall be paid double wages from the second month, and if the employee does not sign within one year, he shall be paid double wages for 11 consecutive months. After one year, it is deemed that the employee and the company have established an indefinite labor contract relationship.
Two: How can the company avoid paying double wages when encountering this situation?
First, if the employee is unwilling to sign and is not due to the company's reasons, there is no need to pay double wages.
Second, the statute of limitations for arbitration of the employee's claim for double wages is one year, and if one year has elapsed, the company can claim that the statute of limitations for arbitration has expired and the statute of limitations will not be paid.
Third: If an employee is found to have not signed a written labor contract, he or she will take the initiative to request to sign a labor contract with the employee.
3. The situation of the company illegally dismissing the employeeIf the company dismisses an employee at will on the grounds of disobedience, it may constitute an illegal termination of the labor contract, and the employee may claim compensation for the illegal termination of the labor contract. The rate of compensation is based on two months' wages for one year of service. One month for less than half a year, two months for more than half a year to one year, and two months for each additional year.
Four: How can the company avoid paying illegal dismissal compensation?
First: Do not dismiss employees at will, unless they meet the conditions for dismissal in accordance with the company's rules and regulations, which constitutes a serious violation of the company's rules and regulations. can be legally expelled, and the conditions are relatively strict.
Second: Let the employee write a resignation application and terminate the labor contract relationship by resignation.
Third: try to communicate with each other to give some compensation, and terminate the labor contract through negotiation.
The above is the legal knowledge of double compensation for labor disputes that I shared today, welcome to exchange.