Questions and answers on labor disputes (3)

Q: What are the most common arbitration claims of laborers?

A: According to our lawyer’s years of experience in handling labor disputes, the arbitration claims usually made by laborers are as follows:

1. Requiring employing units to pay salary (including bonuses, commissions, etc.);

2. Requiring employing units to pay double salary for not signing a labor contract;

3. Requiring employing units to pay economic compensations to him for canceling or terminating labor relations, or requiring employing units to pay damages to him for canceling labor relations illegally;

4. Requiring employing units to pay overtime;

5. Requiring employing units to pay salary for unused annual leave;

6. Requiring the former employing unit to pay compensations for non-competition;

7. Requiring to confirm the existence of labor relations with an employing unit, etc..

Q: What is the legal basis for laborers to claim double salary for not signing a labor contract?

A: According to the Article 82 of Labor Contract Law, if an employing unit fails to conclude a written labor contract with a laborer more than one month but less than one year from the date of employment, it shall pay to the laborer his monthly salary at double amount. If an employing unit fails, in violation of this Law, to conclude an open-ended labor contract with a laborer, it shall pay to the laborer twice his salary, starting from the date on which an open-ended labor contract should have been concluded.