Dispute over double wage difference for failure to sign a labor contract by a technology company in Xiamen

Case Summary

Plaintiff Li joined Defendant Xiamen Certain Technology Co., Ltd. as a software engineer on 2023/3/1. The parties orally agreed on a monthly salary of 12000 yuan. Defendant did not enter into a written labor contract with Plaintiff and failed to pay social insurance premiums for Plaintiff. On 2024/2/29, Plaintiff resigned due to Defendant's failure to sign a written labor contract and pay social insurance, and filed an arbitration claim with the Xiamen Labor and Personnel Dispute Arbitration Commission on 2024/3/15, requesting that Defendant pay the double wage difference for the period from 2023/4/1 to 2024/2/29 for failure to execute a written labor contract, totaling 132000 yuan. The arbitration commission ruled in favor of Plaintiff's claims. Dissatisfied with the ruling, Defendant has filed a lawsuit in court.

Key Dispute

1.Is there an employment relationship between the plaintiff and the defendant?

2.Should the defendant pay the plaintiff the difference in double wages for failing to sign a written labor contract?

3.Whether the base amount and period used by the plaintiff to calculate the double wage difference comply with legal requirements.

Case Strategy

1.Secure core evidence, including the plaintiff's employment records, pay slips, attendance logs, work group chat histories, separation certificate, and arbitration award.

2.Prove that the plaintiff was employed by the defendant from 2023/3/1 to 2024/2/29, establishing a de facto labor relationship, with a monthly salary of 12000 yuan.

3.Under the Labor Contract Law, an employer that fails to conclude a written labor contract with an employee within one month but less than one year from the date of employment shall pay double wages for each month. Since the defendant failed to sign a written labor contract with the plaintiff, the defendant shall pay the plaintiff double wage compensation for the period from 2023 year 4 month 1 day to 2024 year 2 month 29 day.

4.The double wage difference claimed by the plaintiff is calculated based on a monthly wage of 12000 yuan over a period of 11 months, totaling 132000 yuan, which complies with legal provisions.

Processing Result

The court ruled that Defendant Xiamen [Technology] Co., Ltd. shall pay the Plaintiff, Li, double wage compensation for the period from 2023/4/1 to 2024/2/29 due to failure to execute a written labor contract, within 10 days of the judgment taking effect, totaling 132000 yuan. The Defendant shall bear all litigation costs in this case.

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