Enterprises Paid Double Wages for Absence of Labor Contracts

Updates

10.23.2008

Nanfang Metropolis News – A model factory in Baoan District of Shenzhen city employed 8 employees, including Chen, without signing labor contracts. When signing labor contracts in Jan. 2008, the employees required the factory to make modifications to the unclear articles in the labor contract prior to signing. Later, the factory has never mentioned the signing of labor contracts. In May 2008, Chen decided to resign because the factory failed to pay overtime wages and social insurance premiums for him. Upon arbitration, the factory is adjudged to pay RMB 270,000 to him as overtime wages and double wages for absence of labor contract.

Learn more about labor contracts in China here.

01.06.2009 Ensuring Work Safety during Spring Festival
01.06.2009 Training Highly-Skilled Personnel through Study, Test and Use
01.06.2009 Shenzhen: Enterprises without Layoff May Got Subsidies
01.06.2009 Old-Age Insurance Relationship Transfer within Guangdong Province Realized
01.05.2009 Forcing Wage Increase by "Strike" Not Supported
01.05.2009 Jiangsu: 709 Plants Closed for Environmental Problems
01.05.2009 Business Operation Difficulties Not Due to Labor Contract Law
01.05.2009 No Large-Scale Layoff in Shanghai
01.05.2009 Pollution May Destroy Enterprises
01.05.2009 Shandong: Enterprises Actively Fulfill Social Responsibility
12.31.2008 Chongqing: 90% of Work Types to Encounter Wage Decline
12.31.2008 Shanxi: To Implement 'Close Down at 24:00' Action
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12.30.2008 Jiangsu: Overtime Wage May be Paid by Instalments
12.30.2008 Annual Leave Regulations Perform No Function
12.30.2008 Shanghai: 104 Enterprises Renew Labor Contracts in Advance
12.29.2008 Excuse of Difficulty Caused by Labor Contract Law is Feeble
12.29.2008 Beijing McDonald Prosecuted for Illegal Conversion of Hourly Wage
12.29.2008 Jianghan Oilfield to Accelerate Skilled Personnel Training
12.26.2008 Foshan: 30 Companies Listed as Key Objects of Wage Payment Supervision
12.26.2008 Trade Unions Established in 80% of World's Top 500 Companies in Chinae
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12.26.2008 Taiyuan: Minimum Wage Adjusted to RMB720
12.26.2008 Rizhao Port Carrying Out Skill Training
12.26.2008 Year-End Bonuses Must be Paid as Stipulated in Labor Contract
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12.25.2008 Unpaid Long Vacation is Illegal
12.25.2008 Unemployment Situation Overseas
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12.23.2008 Companies and Employees Sign Commitments to Tide over Crisis
12.23.2008 Dismissal under 'Worst-Performer Elimination' System Illegal
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12.22.2008 Coca-Cola Invites Third Party to Review Employment
12.22.2008 Cancelled Administrative Charges
12.22.2008 Toilet Accident in Working Hours Identified as Work-Related Injury
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12.04.2008 HR Strategy of Wal-Mart
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12.03.2008 Highly Paid Top Management should Plan Wage Decrease
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12.02.2008 Sanyuan Group: Training on Labor and Social Security
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11.21.2008 Beijing: No Bankruptcy Trend Will Occur in Small and Medium Enterprises
11.21.2008 China Trade Union Federation Doesn't Support Employer-Employee Confrontation
11.21.2008 Company Requires Toilet Training for Employees
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11.19.2008 Beijing: Illegal Enterprises to be Exposed to the Community
11.19.2008 Dismissal for Eating Snacks Twice in Working Time Causes Disputes
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11.18.2008 Shanxi Raised Minimum Wage Standard
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11.11.2008 Injury during Overtime was Regarded as 'Non-Work-Related Injury' by the Boss
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11.10.2008 Random Check on Overtime Wage Payment Carried out in Beijing
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10.29.2008 Collective Wage Consultation to be Realized in 5 Years
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10.21.2008 Payment of Overdue Old-Age Insurance Premiums Commenced in Shijiazhuang
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10.17.2008 No Layoff to be Conducted to the New Unicom Company
10.17.2008 Fire Accident Occurred in a Factory in Luoyang
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10.14.2008 Jiangsu: Over Half of Enterprises Implement Paid Leave
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10.13.2008 Chongqing: First HBV Discrimination Case Heard
10.13.2008 Guangdong: Minimum Wage Standards to be Raised
10.13.2008 Guangdong: Enterprise Signing Open-Term Labor Contract with All Employees
10.13.2008 Jiaxing Minimum Wage Adjusted to RMB 850
10.13.2008 Paid Annual Leave Measures Key Points Explained
10.13.2008 Shanghai Labor Dispute Arbitration Jurisdiction Adjusted
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10.09.2008 Guangdong: Medium and Long-term Labor Contract Become Mainstream
10.09.2008 Labor Contract Law Imposes Limited Impact on Employment Cost
09.29.2008 Minimum RMB 10,000 Penalized for Absence of Labor Contract
09.29.2008 Employment Information Registration Policy Implemented in Shenzhen
09.26.2008 Enterprises Failing to Pay Wages for Consecutive 3 Months to be Stopped
09.26.2008 108 Wal-Mart Enterprises in China Signed Collective Contracts
09.24.2008 Tianjin: Collective Wage Consultation Enforced on Oct. 1
09.24.2008 Regulations on Harmonious Labor Relations Issued in Shenzhen
09.24.2008 Compensation Paid for Refusing Employment after Issuance of an Employment Notice
09.24.2008 Suzhou Canon Establishes 'Staff Mailboxes'
09.24.2008 News Provisions in the Regulations on Implementation of the Labor Contract Law
09.23.2008 Standards Applied to Migrant Workers in Guangzhou
09.23.2008 Henan: Employee can not be Dismissed before Wages are Settled
09.22.2008 Toxic Gas Leakage Causes Production Line Shutdown in Shandong
09.22.2008 Getting Fired Leads to Non-Fixed Period Labor Contract
09.22.2008 Guangdong: Social Insurance Inspection of 125 Companies
09.18.2008 Fujian Investigates Use of Labor Contracts Among Employers
09.11.2008 Guangzhou: Labor Contracts for All Employees
09.10.2008 Daqing Oilfield 'Cherish Your Job Labor Competition'
09.07.2008 Shanghai: 40% Employees Have no Public Housing Funds
09.07.2008 95,356 Fires Occurred from January to August
09.07.2008 Fujian: 110 Enterprises Commended for Harmonious Labor Relations
09.07.2008 Occupational Protection Must Be Included in Labor Contract
09.07.2008 Staff Benefits Organizations Can Not Replace Trade Unions
09.03.2008 Shanghai National Day Off-Days Announced
09.03.2008 Wage Settled by Actual Working Days for Employee Resignation
09.03.2008 6 Enterprises Entitled 'China Environmentally Friendly Enterprise'
09.03.2008 Employee Dismissal for Refusing to Sign Contract with a Different Employer not a way to Avoid Severance Payment.
09.03.2008 Mooncakes Substituted for Wages Clearly Illegal
09.01.2008 Zhejiang Zhoushan Adjusted Minimum Wage Standard
09.01.2008 Skill Competition Organized in Tianjin FAW
09.01.2008 No Switching Rest Offsetting Overtime Pay on Mid-autumn Festival
08.31.2008 Heavy Penalty Imposed for Employment of Child Labor
08.31.2008 Bus Company Prosecuted by Over 100 Employees
08.28.2008 Mengniu Striving for the Most Competitive Enterprise
08.28.2008 Special Working-Hour System to be Included in Labor Contract
08.28.2008 Explosion Occurred in Two Factories in Guangxi
08.28.2008 Employee Illegally Forced to Sign Labor Contract
08.28.2008 Company Bears Bad Consequences for Nonstandard Employment
08.28.2008 237 Worst Performers in Shanxi Eliminated
08.28.2008 Voluntary Opting-Out of Labor Contract Not A Benefit
08.26.2008 Enterprise Lost a Lawsuit for Wage Deduction
08.26.2008 Wage Deduction No More Than 20% of Monthly Wage
08.25.2008 Wage Consultation Procedures Issued in Hunan
08.25.2008 Uniform Purchase Illegally Required
08.25.2008 Old-age Insurance Transfer to be Enabled in Zhejiang
08.24.2008 Over RMB 20,000 Penalized for Low Wage Payment
08.24.2008 Skilled Personnel Team Systematically Trained
08.22.2008 Zhejiang: 10th Adjustment of Minimum Wage Standards
08.21.2008 Sichuan: 80% of Annual Salary Penalized for Accident
08.21.2008 Hebei: Retirement Age of Skilled Personnel Extended
08.20.2008 Six Employees Died of Silicosis
08.20.2008 Labor Remuneration Disputes Reach Highest in Shanghai
08.20.2008 Shenzhen: Labor Disputes Increased by 243% in the First Half of 2008
08.18.2008 Employees Violating Company Rules Legally Dismissed
08.15.2008 Work-Related Injury Identified for Temporary Worker
08.15.2008 Shanxi : Minimum Wage Standard to be Raised
08.15.2008 22 Risks to be Prevented when Implementing Labor Contract Law
08.15.2008 Wuhan: Enterprise Fined RMB 1,000 for Absence of Payroll
08.15.2008 Verbal Notification of Position Alteration is Illegal
08.15.2008 Statutory Liability Unevadable for Absence of Labor Contract
08.14.2008 Compensation Paid for Occupational Disease of Former Employee
08.14.2008 Strategy of Strengthening Enterprise by Talented Personnel Adopted
08.14.2008 Guangzhou: Employee Stability Greatly Expected
08.12.2008 Company Awarded RMB 300,000
08.12.2008 Ultimate Interests of Enterprises and Legal Appliance In Direct Proportion
08.12.2008 Jiangsu: Collective Contract Format Issued
08.12.2008 Remarkable Results in Skilled Personnel Team Construction
08.11.2008 Shenzhen: Enterprise Can Set Special Posts for High-Skilled Personnel
08.11.2008 Company Fined RMB170, 000 for Illegal Dismissal
08.08.2008 2,581 Special Collective Contracts Signed in Harbin
08.08.2008 Induction Training Fee Illegally Charged from Fresh Graduates
08.07.2008 Employee Training Stressed to Welcome Profession Identification
08.07.2008 Factory Bears Liability for Industrial Injury
08.07.2008 Company Fined RMB 30,000 for Nonpayment of RMB 3,000
08.06.2008 Dismissal due to 'Threatened Abortion' Failed
08.06.2008 Chekiang: Non-Competition Compensation Standard Established
08.06.2008 Seminar on Control of Employment Risks Held in Yangzhou
08.06.2008 Midea: Employment Violation Exposed in Hangzhou
08.01.2008 Shenzhen: Work Injury Insurance Covers 8.19 Million People
08.01.2008 Qinghai Labor Security Supervision Regulations Effective
08.01.2008 Tahe No.1 Oil Production Factory Held 4th Vocational Skill Competition
08.01.2008 Special Attention to be Paid on 'Overstrain' of Employees
07.31.2008 Hebei: Employment Record Required As Of August 1
07.31.2008 Enterprise Paid Extra RMB 170, 000 for Non-normative Employment
07.31.2008 Factory Prosecuted due to Faults in Labor Contract
07.30.2008 Company Appeal Rejected For Lack of Evidence
07.30.2008 Medical Record does not Replace Leave Request
07.30.2008 Piece-rate Employees should be Paid for Overtime Work
07.30.2008 Mandatory Enforcement of Medical Insurance Payment
07.30.2008 Jiangsu: Regulating Employment in Enterprises
07.25.2008 Collective Contract Signed by Shenzhen Wal-mart
07.25.2008 Employment of Drifting Personnel without Temporary Residence Permit Forbidden
07.25.2008 Shenzhen: Enterprises to be Ordered to Stop Production for Nonpayment of Wages
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07.25.2008 Shanghai: A Company is Ordered to Make Rectification for Excessive Overtime
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07.24.2008 Short-term Labor Contracts Declines by 30% in Beijing
07.22.2008 Divergence of Opinions on Shenzhen Regulations on Labor Relation
07.22.2008 Dismissed Employees Lose a Lawsuit
07.22.2008 Violent Fire Burns down 900m2 Warehouse in Guangzhou
07.18.2008 Voluntary Waiver of Overtime Wage Not an Option
07.18.2008 611 Latent Risks Found in Yunnan
07.18.2008 Guangxi: A Wool Knitting Factory Fined RMB 10,000 for Causing Fire
07.17.2008 New Minimum Wage Standard in Hubei to be Implemented on 1 Aug.
07.17.2008 6,978 Violation Cases Investigated in Shanghai in the First Half of 2008
07.17.2008 18 Enterprises in Taihu Lake Basin Stopped for Rectification
07.17.2008 Collective Wage Consultation Implemented in Over 20,000 Enterprises in Tianjin
07.17.2008 Guangdong: Labor Relations Established for Employment of Retired Employee
07.17.2008 Training of Skilled Personnel
07.15.2008 Widespread Gender Discrimination in Workplace
07.15.2008 Labor Contract Establishment Rate Reaches 98.6% in Taijiang District of Fuzhou
07.11.2008 RMB 10 Million of Wages Unpaid by Goodbaby Group
07.11.2008 Annual Wage Rise to Reach 14%
07.11.2008 Three-year Plan on Collective Wage Consultation in Guangdong
07.10.2008 Workers Refuse to Sign Labor Contracts with Illegal Clauses
07.10.2008 Reducing Work Intensity in Hot Weather
07.10.2008 Enterprises Should Pay Attention to Employee Resignation
07.10.2008 Proof should be Provided for Denying Overtime Work
07.10.2008 Three-month of Probation Period Contract Regarded as Over Two-year Labor Contract
07.08.2008 Reference Books Concerning Laws and Regulations on Safe Production Recommended
07.08.2008 Four Acts Maliciously Evading the Labor Contract Law are Invalid
07.08.2008 Few Enterprises Win Labor Dispute Cases
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07.07.2008 Henan: Promoting Collective Wage consultation System
07.07.2008 Tianjin: RMB 67 of Monthly Heatstroke Prevention Allowance
07.07.2008 Beijing: Minimum Hourly Wage Raised to RMB 9.6
07.07.2008 Non-paid Old-age Insurance Premiums Reach RMB 392 Million
07.04.2008 Guangdong: Recruitment of Excessive Interns to be Punished
07.04.2008 Wicked Employer Has Injured Employee's Three Fingers Cut
07.04.2008 Compensation Paid for Non-payment of Overtime Wages
07.04.2008 Treating Latent Risks as Accidents
07.04.2008 No Adjustment Stage Needed for Law-abiding Enterprises
07.04.2008 The Implementation of Labor Contract Law is an Opportunity
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07.01.2008 Beijing: Minimum Wage Adjusted to RMB 800
07.01.2008 Widespread Illegal Overtime in Non-public Enterprises
07.01.2008 Fines Charged for Employees Falling in Love
07.01.2008 Shanghai: Special Inspections on Illegal Employment
07.01.2008 Dagang No.2 Oil Extraction Factory Creates a Learning-oriented Enterprise
06.26.2008 RMB 10,000 Paid to Worker for Non-timely Transfer of Archive
06.26.2008 Guangzhou: Heat Stroke is Work-related Injury
06.26.2008 Shanghai: Amount for Monthly Payment of Public Housing Fund No More than RMB 1214
06.26.2008 Allocation of Supplementary Pension Decided by Enterprises
06.26.2008 Guidance on the Organization of National Vocational Skills Competition
06.25.2008 Business License of Non-payers of Rural Workers' Wages to be Revoked
06.25.2008 Shanghai: Enterprises with Harmonious Labor Relations Awarded
06.25.2008 Invalid Dissolution of Labor Contract with Employee within Medical Treatment Period
06.24.2008 "No Insurance" Application Prior to Signing Labor Contracts
06.24.2008 15 Liaoning Enterprises Reported for Nonpayment of Social Insurance Premiums
06.24.2008 Labor Relations Established Upon Employment
06.24.2008 No Employment of Employees Refusing to Sign Labor Contracts
06.24.2008 Operation Contest among Young Workers
06.24.2008 IBM Lost a Lawsuit for Dismissing an Employee with Depression
06.24.2008 Safety Training for Employees Must be Organized
06.19.2008 Female Employee of Panasonic Prosecuted
06.18.2008 Clean Production Brings Profits of Over RMB100 Million to Enterprises
06.18.2008 Unilaterally Stipulated Probation Period is Invalid
06.17.2008 Female Workers Forced to Undergo Strip Search
06.17.2008 Classified Penalty for Nonpayment of Wages and Social Insurance Premiums
06.17.2008 Unpaid Wages Recovered After One Year of Leave
06.17.2008 No Overtime Wage under Non-fixed Working Hour System
06.13.2008 Twice Wage Paid to Employee in Absence of Labor Contract
06.12.2008 Company Pays Over RMB 30,000 of Additional Compensation
06.12.2008 Company Pays Compensation for Dismissal of Employee Without Sufficient Evidence
06.12.2008 Company Disavowed Overtime Wages by 'Two-Card Attendance System'
06.12.2008 Hitachi Sued for Firing Open-term Contracted Employee
06.12.2008 Legislation on Safe Production Upholds and Reflects Four Concepts
06.12.2008 Latent Risk Control is the Key to Safety Development
06.12.2008 Difficult for Enterprises Neglecting Social Responsibility to Expand Operation Scale
06.12.2008 Guangdong: A Maximum Fine for Nonpayment of Wages May Reach RMB 500,000
06.12.2008 Cost Increases for Nonpayment of Wages
06.11.2008 Dismissal of Indictment against Employee for Infringement
06.11.2008 A Minimum Wage Raise of 5% in Suzhou Enterprises in 2008
06.11.2008 Safety Trainings for 100,000 Rural Workers in Shenyang
06.11.2008 Cut Off Power Supply of Some Units with Latent Fire Risks
06.11.2008 Average Annual Wage of Guangzhou Employees Exceeds RMB 40,000
06.11.2008 Advantage on Employment in Private Enterprises
06.11.2008 Triple Wages for Overtime on Dragon Boat Festival
06.11.2008 Large-scale Census of Basic Old-age Insurance in Liaoning
06.10.2008 Environmental Violation Liability Should be Thoroughly Reformed
06.03.2008 Business should Contribute to Disaster Areas While Ensuring Safety
05.30.2008 Invalid Dismissal of Pregnant Worker
05.30.2008 High Temperature Allowance Released in Henan for the First Time
05.30.2008 Full Medical Expenses Paid by Employing Units
05.28.2008 Beijing: Employee Wins the First HBV Discrimination Case
05.28.2008 Jiangsu: Proper Arrangement for Employees from Disaster Areas
05.28.2008 Nine Dragons Paper (Holdings) Limited Is Not A Sweatshop
05.28.2008 Preferential Fiscal and Tax for Entities Employing Workers from Disaster Areas
05.27.2008 Maximum Penalty for Detaining Employees' Records Reaches RMB 20,000
05.27.2008 408,000 Violation Cases of Labor Security Laws
05.27.2008 500,000 Labor Dispute Cases in 2007
05.27.2008 Foreigners and Taiwan, Hong Kong and Macao Residents Participating in Social Insurance
05.27.2008 Tianjin: Special Inspections on Labor Contracts and Wage Payment
05.26.2008 Old Age and Medical Insurance Cover Over 200 Million People
05.26.2008 Enterprise Management Should Support Earthquake Relief
05.20.2008 Work Injury Insurance Payments Lowered in Guangdong
05.20.2008 Foreign Companies Welcome Labor Contract Law
05.16.2008 Promoting Implementation of Manufacturing Safety Responsibility Systems
05.15.2008 Wuhan to Establish 'Chief Worker' System
05.15.2008 Enterprises Violated Labor Security Laws
05.15.2008 Average Employee Wage in Guangdong to be Raised 12%
05.13.2008 Corporate Social Responsibility Forum
05.13.2008 Beijing Public Housing Fund Payment Ratio Unified at 12%
05.09.2008 Labor Contract Law Implementation Regulations Opened for Public Comment
05.09.2008 Tianjin: New Allowances for Middle and Night Shifts
05.09.2008 Beijing: Injuries from Company Sports to be Regarded as Work-Related
05.09.2008 Sudden Death after Three Days' Overtime
05.09.2008 New Regulations on Maternity Insurance in Guangdong from July 1st
05.08.2008 Gannan Cigarette Factory Focuses on Management Innovation
05.08.2008 National Inspection on Personal Social Insurance Accounts in August
05.08.2008 Shanghai to Establish Labor Credibility Evaluation System
05.08.2008 Extra Compensation for Unpaid Wages in Yunnan
05.08.2008 Labor Contract Law only Increases Costs for Violating Regulations
05.07.2008 Triple Pay for Overtime on New Holidays
05.07.2008 State Council Requirement on the Implementation of Paid Annual Leave
05.07.2008 Inspections on Labor Contract Law Enforcement Commence in Beijing
05.05.2008 Loss-Making Enterprises should also Raise Salaries
05.05.2008 Enterprises in Hubei Urged to Establish Labor Dispute Mediation Organizations
05.02.2008 2008 Safety Science Activity Week
05.02.2008 Prevention of Minimum Wage Violations
05.02.2008 Number of Labor Disputes Increasing in Hebei
04.25.2008 Hunan Establishes Collective Negotiation System for Wages
04.25.2008 Basic Strategy for Vocational Training
04.25.2008 Dismissal no Longer Applicable for Employee Absenteeism
04.25.2008 National Conference on Labor Relations Work Held in Changchun
04.25.2008 New Energy Conservation Law Focuses on Energy Savings and Emissions Reduction
04.25.2008 Eight Key Tasks for Manufacturing Safety in 2008
04.24.2008 Number of Labor Disputes Increasing
04.24.2008 Work Injury Insurance Coverage Exceeds 120 Million