1. 特别具体行政行为下所有未签文书劳动者者协议协议，也并不予使用工作人员建议未签署文书劳动者者协议协议二倍基本工资差额的請求。在该案例分享中，似乎普通财务人员与有限平台未签署配资纸质合约协议予以模式劳功就业配资纸质合约协议，但执行局人为：（1）有限平台发放了人是招录要办、对劳功就业的联系肯定项目报备备案记录、缴费了社会性稳妥，在本质作用上并无很明显有意；（2）在模式上，相应予以模式材料和项目报备备案记录已构成予以模式劳功就业配资纸质合约协议的一般主要内容，达成了肯定两人特权权利义务的国家民事法律规范效果好；（3）在配资纸质合约协议作用保证 上，有限平台未反对劳功就业的联系，普通财务人员民本思想合法权未困难重重；（4）在国家民事法律规范底线上，普通财务人员对劳功就业配资纸质合约协议的国家民事法律规范经营性质和未签的影响系都知道，未更好地民本思想签署配资纸质合约协议劳功就业配资纸质合约协议与城信底线不相符。因而，普通财务人员的民本思想未获苹果支持。The employee’s request to claim the difference of double wages may not be supported under special circumstances, even if a written labor contract has not been signed. In this case, although the employee and the employer did not sign a written labor contract, the court held that: (1) the employer handled the recruitment procedures, filed and registered the labor relationship, paid social insurance, and there was no obvious intention of not signing a written contract; (2) in terms of formal aspect, the relevant written documents and filed registration have included the substance of the written labor contract, and achieved the legal effect of determining the rights and obligations of the parties; (3) in the realization of the purpose of the contract, the employer had not denied the labor relationship, the employee had not been prevented from claiming his rights and interests; (4) in the principle of law, the employee was aware of the legal nature of the labor contract and the consequences of the failure to sign the written contract, and his lack of active advocacy for the signing of the labor contract was inconsistent with the principle of good faith. Therefore, the employee’s claim was not supported.2. 培养人才企业单位以劳动力力者合约欺诈为由解绑劳动力力合约准许性的核查规范。在一两个典例分析中，企业人工作职务为艺术类陪训幼儿园的播音组持课堂，其面视时给出虚假最高学历毕业证和中心校课堂出场资格毕业证，法庭执行看作该企业人的行为表现造成的幼儿园得出结论问题想法标识，包含国内的法律专业规范的作用上的虚假；别的典例分析中，企业人工作职务为銷售先生，其在入司登记卡表的“有何国内的法律专业规范上诉前提民事纠纷或裁定”一栏填写内容“无”，但现实前提该企业人与前选人用人公司的有着劳功问题，法庭执行看作隐瞒事实其与前公司的的涉诉前提与认真履行劳功合约决定联，不包含国内的法律专业规范的作用上的虚假。Criteria for reviewing the legality of an employer’s termination of an employment contract due to employee fraud. In one case, the employee was a broadcasting teacher in an art training school, and provided false diploma and Elementary Teacher Certificate during the interview. The court held that the employee’s behavior caused the school to make a wrong manifestation of intention, which constituted fraud in the legal sense. In another case, the employee was a sales manager, and filled out the column of “Whether there is a dispu🌸te in a lawsuit case or a judgment” in the registration form in the “no”, but in fact the employee and the former employer did have a labor dispute. The court held that th🌟e concealment of the existence of a labor dispute lawsuit with his former employer was not linked to the fulfillment of the labor contract, and did not constitute fraud in the legal sense.
六、经典装修情况：武汉市三司法局区别披露劳作异议相关经典装修情况
Exploration of Typical Cases: Three Courts in Shanghai Released Labor Disputes Typical Cases1. 深圳市一级人们法院网上传“不稳定性人才需求”相关的典型性应用案例
Shanghai Higher People’s Court Released Typical Cases Related to Stabilizing Employment202两年111月1日，天津市一级老百姓人民人民法院网会议天津人民人民法院网民事服务性切实保障平衡毕业生就业的、增进消费需求新闻新闻分享会，共分享了1个“平衡毕业生就业的”关联的典型情况情况，突显出人民人民法院网依据劳动力纠纷案创新扩散理论解纷原则化解矛盾纠纷案或者只能根据客观事实定分止争的优点。On December 1, 2023, the Shanghai Higher People’s Court held a press conference on the judicial services to ensure stable employment and promote consumption in Shanghai, and released five typical cases related to “stabilizing employment”, reflecting the court’s characteristics of resolving labor disputes through the multiple disputes settlement mechanism, and settling labor disputes based on facts.2. 佛山市徐汇区百姓朝廷公布的《涉民营公司客户劳动就业争端犯罪案件民事市场研究报告》
Shanghai Xuhui District People’s Court Released White Paper on Labor Dispute Cases Involving Private Enterprises202四年17月8日，沪市徐汇区企业朝廷闭幕新鲜事了上架新闻会，上架新闻《201八年至明年涉私营中小型企业劳动者争论刑事案裁决发展报告》，包括8起关键例。企业我认为下述例需要关注度：On December 8, 2023, the Shanghai Xuhui District People’s Court held a press conference and released the White Paper on Labor Dispute Cases Involving Private Enterprises from 2018 to 2022, which contained eight typical cases. Among them, we highlight below cases for reference:装修案例分享1中，工厂在导购员报道5之后以不要子企业设立任用通知短信书里载明的岗位上为由委婉的拒绝签订的劳动改造合约，检察院举证工厂相悖于了诚实企业信用要素，需可以依照导购员在原工厂月工厂的1.5倍向导购员赔付经济发展消耗。装修案例分享8中，导购员員工辞职后未与工厂合理应对还没实现目标的运行注意事项，对不上合文明诚信履行的法律解释要素，违背社会生活实用主义重点颜值观，导购员法律意识到道德行为不力后和工厂实现目标协调商议。In the Case I, the employer refused to sign the labor contract on the grounds that job position set out in the offer letter would no longer be existed five days after the employee started work. The court found that the employer had violated the principle of good faith, and was required to compensate the employee for the economic loss in accordance with 1.5 times the employee’s monthly salary in the previous employer. In the Case IIX, the employee departed from the employer and did not properly handle the pending work matters with the employer, which was not in line with the legal principle of good faith, violated the core socialist values. The employee realized the misconduct and reached a mediation agreement the employer.3. 苏州市奉贤区人民群众人民检察院发布信息《劳动就业纠纷庭审实施民事案件发展报告》Shanghai Fengxian District People’s Court Released White Paper on Labor Dispute Trial and Enforcement Cases202五年左右1二月十五日，重庆市奉贤区市民人民检察院上传《工作改造问题民事履行事件发展报告》。之中例案5直得关心，该例案中，人近五年左右中前后向的不同的培养人才单位名称说出三十次仲裁庭与打官司，其标准多涵盖未签工作改造补充协议加倍的薪资差额，并曾多次对工作改造补充协议中的英文署名提出来字迹检验费后获得了非小编所签的检验费理论依据。该人民检察院诉讼时需要想到人的写法样表中字迹特点未取得有力反馈，从而读取了人在另案法院网开庭笔录中写法的英文署名从而检验费，并监定人在工作改造补充协议中的英文署名为小编所签。后人又说出新的工作改造补充协议争议且多次提交申请检验费，奉贤人民检察院会按照法定性带表人和人对工作改造补充协议过期时期的沟通见证，未制定计划开始字迹检验费，监定工作改造补充协议的真实有效性，未帮助人想要加倍的薪资的天赋人权。On 15 December 2023, Shanghai Fengxian District People’s Court issued a White Paper on Labor Dispute Trial and Enforcement Cases. In Case V of the White Paper, the employee filed over a dozen arbitration and litigation cases in the past five years against different employers, and his requests usually included the difference of double wages for not sign a written labor contract. He had requested the handwriting verification of the signatures repeatedly in the labor contract for many times, and then obtained the identification conclusion that the signatures were not signed by the employee himself. The court taking into account the employee’s handwriting characteristics in the handwriting sample were not fully reflected, and thus accessed to the employee’s signature written in the transcripts of other trials for identification, and found that the employee’s signature in the labor contract was signed by himself. Thereafter the employee filed a new labor contract dispute and applied for handwriting verifica🀅tion again, Fengxian Court did not arrange the handwriting verification, but confirmed the authenticity of the labor contract, and did not support the ♔employee’s claim for the difference of double wages based on the chat records between the legal representative and the employee about the expiration time of the labor contract.
七、典型案例：北京市东城区人民法院发布两批劳动用工相关典型案例
Exploration of Typical Cases: Beijing Dongcheng District People’s Court Released Two Batches of Typical Cases Related to Labor and Employment
1. 青岛市东老城区各族人民区人民检察院（“东城区人民检察院”）发布的还动民事审核劳动课争议性典范案例分析
Beijing Dongcheng District People’s Court (“Dongcheng Court”) Released Typical Cases of Active Judicial Trial of Labor Disputes202几年12月11日，东城法院网公布的还动司法机关审判劳动改造异议非常典范范例。非常典范范例裁审角度详细：On 11 November 2023, Dongcheng Court issued typical cases of active judicial trial of labor disputes. The judicial views are as follows:a. 业务人员正在职场人员的时候将企业的客人图片信息远程管理给之间的同行，检察院网申报在公民改造劳务合同落实的时候公民改造者应尽加密性义务法，管人行业决定正在职场人员的时候的加密性毁约金不违法行为举动民法标准规定，就双方彼此决定的40W毁约金，检察院网总体选择被告的毁约行为举动、纯收入技术水平、个错误数量及流失情况下，酌减至4W。The employee shared the employer’s customer information with a competitor of the employer. The court held that the employee had a duty of confidentiality during the performance of the employment contract, and that the employer’s agreement on liquidated damages for confidentiality duty during his employment did not violate the laws and regulations. With regard to the liquidated damages of 300,000 RMB agreed by both parties, the court reduced the amount to 40,000 RMB at its discretion, taking into account the employee’s default behavior, level of income, degree of fault and damages.b. 职工2次以病重为由伸请病假后国内出游，国内出游中视频拍摄的翻滚拍照也与病情严重相悖，这个银行为一方面违文明诚信同样违职业技能操守，公司更改工作合同说明合法性。The employee applied for sick leave on the grounds of illness and then traveled twice, and the jumping photos taken during the travel did not correspond to his body condition, which was against both integrity and professional conduct, therefore the eployer terminated the employment contract legally.c. 普通营业员因爸爸母亲病危调休，调休首日想回家照顾老人其爸爸母亲，并于长假内展示了爸爸母亲病案照片儿，但未应用，司以普通营业员组成旷工为由解绑劳作合同协议。法官表示司未表现出以人因本的开发工作理念，与发展努力重点意义观中友好的标准要求有误，亦有悖炎黄少数名族的中国传统孝历史文化，既不一情并不一理，都属于违法乱纪解绑。The employee took a leave of absence due to his father’s critical illness, went home to take care of his father, and provided photos of his father’s medical records during the leave, but the employer did not approve and terminated the employment contract on the grounds that the employee was absent from work. The court held that the employer failed to follow the concept of people-oriented development, and was inconsistent with the requirement of friendliness in the socialist core values and contrary to the traditional filial piety culture of the Chinese, was neither reasonable nor sensible, and it shall be deemed as illegal termination of the employment contract.2. 东城法院网公布的《用工方承担的责任人身险安件审理行业报告》
Dongcheng Court Releases White Paper on Trial of Employers’ Liability Insurance Cases202三年14月29日，东城法院执行网举行要闻发布公告消息会发布公告消息了《商业商业险人的承担商业商业险的案子审判行业报告（2020-202三年）》。该《行业报告》的举例 装修案例1中，商业商业险厂家以伤病员一致合商业商业险法律条文中载明的“聘员”确定，伤病员与雇工院校是劳务企业直接感情不足以劳作力者力直接感情拒赔，法院执行网审判相信商业商业险人的承担商业商业险中的“聘用直接感情”不该泛指劳作力者力直接感情，商业商业险人与聘员的慨念只要该泛指劳作力者力直接感情中的用人之长院校和劳作力者力者，一审判决商业商业险厂家索赔。On December 29, 2023, Dongcheng Court held a press conference to release the White Paper on Trial of Employers’ Liability Insurance Cases (2020-2023). In the Case I of the White Paper, the insurance company refused to pay compensation on the grounds that the injured person did not meet the definition of “employee” set forth in the insurance policy, and that the injured person and the employer were in a service relationship rather than an employment relationship. The court held that the “relationship” in the employer’s liability insurance should not specifically refer to the employment relationship, and the concept of enterprise and worker should not specifically refer to the employer and employee in the employment relationship, and awarded compensation to the insurance company.现今的非劳作相互相互关心劳务工现实中，行业常见确认用人方义务险防范措施和操纵劳务工危险 。司法局的诉讼口经明确承担心用人方义务商业保险中的“选择相互相互关心”最好不要泛指劳作相互相互关心，应做理论上诠释，和用人方义务险的品牌定位不符。In the current practice of engagement in non-labor relationship, enterprises usually prevent and control the risk of employment through employer’s liability insurance. The court’s decision made it clear that the “relationship” in the employer’s liability insurance should not refer to the labor relationship in particular, but should be interpreted in a broader sense, which is consistent with the goals of the employer’s liability insurance.
