The enterprise requires employees to sign blank contracts and change their job content without authorization, and is sentenced to double the salary for signing and filling in blank labor contracts. Employees have the right to refuse! In order to avoid legal liability, some companies take illegal actions such as requiring employees to sign blank contracts, changing work content or working conditions without authorization, which seriously infringes on the legitimate rights and interests of workers. Recently, the Intermediate People's Court of Urumqi City, Xinjiang Uygur Autonomous Region, made a final judgment that a company in Xinjiang paid economic compensation of 7952 yuan for terminating the labor relationship with Li for not signing a labor contract, and double the salary of 35929 yuan for not signing a labor contract. In May 2022, Li joined a company in Xinjiang as a fire monitor, and the two parties agreed on a monthly salary of 4100 yuan, including basic salary and overtime allowance. At the time of employment, the company required Li to sign a blank labor contract and supplementary agreement without specifying the specific terms. In January 2024, the company requested Li to concurrently serve as a patrol officer who had been laid off, citing business adjustments. Li believes that his workload has increased, and the company has not paid social security and has not signed a labor contract in accordance with the law. Therefore, on January 31, 2024, he sent a notice of termination of the labor contract to the company and applied to demand that the company pay double wages, overtime pay, and a total of more than 120000 yuan for the unsigned labor contract. When signing the labor contract, the contract text provided by the company is blank except for the printed part. ”Li stated that when signing the contract, the company requested him to sign first on the grounds of "loss of official seal" and "due for inspection", and promised to fill in the subsequent content consistent with the verbal agreement. However, in actual implementation, the salary composition and job responsibilities unilaterally filled in the blank space by the company do not match the agreement. The Toutunhe District People's Court of Urumqi City held that although a company in Xinjiang submitted a written labor contract signed by both parties, according to the WeChat records provided by Li, it can reflect the fact that Li did not hold the contract himself and that the labor contract signed by both parties at that time was blank. The first instance court ruled that there was a labor relationship between Li and a company in Xinjiang from May 12, 2022 to January 31, 2024. The company paid Li a compensation of 7952 yuan for terminating the labor relationship and 35929 yuan for double the salary without signing the labor contract. A company in Xinjiang is dissatisfied and has appealed to the Urumqi Intermediate People's Court. During the second trial, a company in Xinjiang submitted a labor contract signed with Li to prove that the two parties had established a labor relationship, which did not match the content of Li's notice of termination of the labor contract. Therefore, economic compensation for the termination of the labor relationship should not be paid. The second instance court held that the signing date of the labor contract was May 4, 2022, which did not match the time when Li joined the company, nor did it meet the other necessary requirements of the labor contract. Therefore, it could not prove that both parties had actually signed a valid labor contract, and the original judgment was ultimately upheld. The judge pointed out that enterprises should employ workers in accordance with the law, eliminate blank contracts, and not require workers to sign before filling in, otherwise it may be considered as not signing a legal labor contract and bear the risk of double salary compensation. At the same time, major matters such as adjusting positions and salaries need to be negotiated and agreed upon with the employees, and confirmed in writing. Unilateral changes may constitute illegal job transfers. In addition, workers should also strengthen their awareness of safeguarding their rights and pay attention to checking the completeness of the terms when signing a contract. When encountering a blank contract, workers may refuse to sign or request to fill it out on the spot and keep a copy. Those who have already signed should be photographed and kept as soon as possible. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:Workers' Daily
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com