Can the employment registration form be recognized as a written labor contract that complies with legal requirements? Recently, Shaoguan City Wengyuan Court heard a labor dispute case.
Wu, a resident of Jiangwei Town, Wengyuan County, joined a local limited company in Wengyuan on March 3, 2020. When joining the company, Wu Moulun did not sign a formal written labor contract with a certain company, but only filled out the employment registration form provided by a certain company.
After that, Wu Moulun worked as a warehouse keeper in the company. Until September 30, 2020, a certain company issued a "Notice of Signing a Labor Contract" to Wu Moulun, requiring Wu Moulun to sign a labor contract with a certain company on the same day. Regarding the written labor contract, Wu Moulun failed to sign a written labor contract with a certain company in time. On the same day, a certain company issued a "Notice of Termination of Labor Relations" to Wu Moulun, informing him that the labor relationship between the two parties would be terminated as of October 1, 2020. Wu Moulun applied for arbitration to the Wengyuan County Labor and Personnel Dispute Arbitration Court, requesting a ruling that a company pay the double wage difference of approximately 23,000 yuan due to the failure to sign a written labor contract from April 2020 to September 2020. On January 28, 2021, the Arbitration Court ruled that a certain company should pay the above amount to Wu. A certain limited company was dissatisfied with the ruling and filed a lawsuit with Wengyuan Court.
The court held that although the employment registration form provided by a certain limited company had Wu’s signature and the company’s seal, Wu’s signature was only about his personal identity, education, and work experience that he filled out on his own. To confirm the authenticity of employees, family members, etc., it is not to confirm the entry position, position salary, probation period salary, etc. in the registration form, and the entry registration form only states the basic information of the worker, entry position, position salary, etc. , probation period salary, entry time, contract period, work location, and does not include the employer’s domicile, legal representative, working hours, social insurance and labor protection, labor conditions and occupational hazard protection, etc., and does not fully comply with the provisions of the People’s Republic of China The necessary terms of the labor contract stipulated in Article 17 of the Labor Contract Law of the Republic.
Therefore, the employment registration form involved in the case does not have the constituent elements of a labor contract and does not comply with the legal form of a labor contract. In accordance with the provisions of Article 6 of the "Regulations on the Implementation of the Labor Contract Law of the People's Republic of China", a certain company should pay Wu Moulun the double wage difference of approximately 23,000 yuan due to the failure to sign a written labor contract.
The Wengyuan Court ruled that a certain company should pay double the salary of about 23,000 yuan without a written labor contract to the defendant Wu Moulun within ten days from the date of the judgment taking effect.
[All media reporter] Ye Zhiqiang
【Correspondent】He Huixiong
【Author】 Ye Zhiqiang
[Source] Southern Newspaper Media Group Southern+ Client
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