The “Regulations on the Implementation of the Labor Contract Law” clearly stipulate that if an employer and an employee do not sign a labor contract, the responsibility lies entirely with the employer. In cases where the employee refuses to sign the labor contract, the employer can only choose to terminate the employment relationship. If the employer continues to employ the worker, they will be liable to pay double wages as stipulated in the Labor Contract Law.
Response to Labor Dispute Arbitration
Respondent: Guang* Province * City * Electrical Appliance Co., Ltd., located at * Road * Building * No. *. Contact number: ***.
Legal Representative: * (General Manager).
Respected * Labor Dispute Arbitration Commission:
Regarding the labor dispute case filed by the claimant against the respondent, the respondent hereby submits the following response based on the facts of the case and relevant legal provisions:
- The respondent and the claimant have not signed a labor contract to date, which is due to the claimant’s refusal to sign the labor contract. Therefore, the claimant’s request for double wages on the grounds of not signing a labor contract lacks factual basis.
In November 2011, the claimant joined the respondent as a salesperson, taking over the business in the * region previously managed by our employee *. Both parties verbally agreed on a one-month probation period with a monthly salary of 1500 yuan, after which a formal written labor contract would be signed.
In December 2011, the respondent proposed to sign a written labor contract with the claimant. However, the claimant stated that due to personal financial difficulties, their take-home pay would decrease after signing the contract due to social security deductions, and thus they did not need to sign the contract at that time. Despite the respondent’s repeated requests to sign the written labor contract, the claimant persistently refused, citing various reasons. The respondent initially intended to terminate the employment relationship with the claimant in accordance with the “Regulations on the Implementation of the Labor Contract Law” due to the claimant’s refusal to sign the contract. However, considering the claimant’s poor financial situation and their repeated pleas to expand their business area, the respondent, after careful consideration, temporarily agreed to the claimant’s proposal to take over the unmanaged * region and postponed the signing of the labor contract. Now, the claimant is demanding double wages from the respondent on the grounds of not signing a labor contract, which raises serious doubts about the claimant’s motives for refusing to sign the contract at that time.
- The respondent has consistently paid the claimant the agreed monthly salary of 1500 yuan on time. The claimant’s claim that the respondent has withheld wages is severely inconsistent with the facts.
Since the claimant joined the company six months ago, the respondent has consistently paid the claimant according to the agreed salary standard for the salesperson position. The salary standard for the salesperson position was agreed upon in the labor contract between the respondent and the previous employee in that position. The respondent only hired the claimant after all the contents of the labor contract were acknowledged and agreed upon by the claimant. The only flaw in the employment relationship between the respondent and the claimant is that the claimant has not signed the labor contract due to personal reasons.
Regarding the payment terms in the salesperson labor contract, Article 4 stipulates: “If payment is not received and goods are not delivered within 3-4 months, the outstanding payment will be deducted from the salesperson’s salary.” To date, the claimant has outstanding payments of 63,035 yuan that have not been recovered. Regarding this issue, the respondent has previously sued the claimant in the local basic court, resulting in additional direct economic losses of over 20,000 yuan for the respondent.
In summary, the claimant’s statements are severely inconsistent with the facts. The claimant’s current actions are perplexing and disheartening to the respondent. Given the economic losses and reputational damage caused by the claimant’s actions, the respondent will also file a separate lawsuit against the claimant to pursue corresponding legal responsibilities and recover the respondent’s losses.
The above are the main points of the respondent’s response to the claimant’s claims. We respectfully request the Arbitration Commission to dismiss all of the claimant’s arbitration requests based on the facts and in accordance with the law.
Guang* Province * City * Electrical Appliance Co., Ltd.
January 9, 2013
Attachments: 2 pieces of evidence