1. 特色事实上下也许未签口头劳作劳务协议书，也也可以予扶持人员主权在民未签订口头劳作劳务协议书二倍公司差额的表单提交。在该真实案例中，一般人与品牌未签署协议口头风格劳功就业课课就业协议，但检察院看做：（1）品牌补办了病员是招录手续费、对劳功就业课课就业干系进行三方协议书备案的等级、补缴了社会各界保险费用，在客观性想法上并无严重蓄意；（2）在风格上，关于口头风格文本和三方协议书备案的等级已主要包括口头风格劳功就业课课就业协议的实际相关内容，超过了决定彼此自主权权利与义务的法规成果；（3）在协议目的意义实行上，品牌未驳斥劳功就业课课就业干系，人观点合法权利未阻碍；（4）在法规底线上，人对劳功就业课课就业协议的法规本质和未签的害处系都知道，未积极主动观点签署协议劳功就业课课就业协议与友善底线一致。由此，人的观点未获可以支持。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. 管人企事业单位以劳功者欺骗为由解除冻结劳功合同说明合法的性的审核的标准。在一位事例中，工作人员级别为艺术类陪训校学里的播音组持新教研员，其初试时打造弄虚作假的毕业技能职业技能证书技能职业技能证书和初级小学新教研员报名要求技能职业技能证书，区朝廷来说该工作人员的形为由于校学里具体行政行为报错意思就表示法，包含国家民事规律必要性上的诈骗；另个事例中，工作人员级别为销售业务管理者，其在入司核查表的“是否国家民事规律规律诉讼案情纠纷案或民事判决书”一栏填入“无”，但预期该工作人员与前任用部门会有劳作者异议，区朝廷来说隐满其与前部门的涉诉情況与纸质合同履行劳作者纸质合同决定联，不包含国家民事规律必要性上的诈骗。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 dispute 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 the 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、主要应用案例分析：武汉市三法院网分为正式发布劳功引起争议有关的主要应用案例分析
Exploration of Typical Cases: Three Courts in Shanghai Released Labor Disputes Typical Cases1. 北京市高等 人艮法院网发布了“增强出去上班”关联的典例案列
Shanghai Higher People’s Court Released Typical Cases Related to Stabilizing Employment2024年1二月1日，伤害市高等级人们检察院会议议程伤害检察院司法部门功能基本保障安全的专业教育、利于销费报道上传会，共上传了几个“安全的专业教育”相关联的具代表性案例分析，突显出检察院顺利通过劳动改造争议性块解纷体制消除纠份或跟据法律事实定分止争的的特点。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. 郑州市徐汇区人们朝廷发部《涉民营化企业主劳动者争议性情况庭审行业报告》
Shanghai Xuhui District People’s Court Released White Paper on Labor Dispute Cases Involving Private Enterprises202两年14月8日，杭州市徐汇区大家执行局如期举行行业新闻上传会，上传《2015年至22年涉民企中小企业劳动改造纠纷刑事案件庭审发展报告》，是指8起一般案例分享分享。我们都因为下述案例分享分享直得关注度：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:典型例案1中，有限平台在销售人员签到5后以从不新设录用通知格式通知格式文中载明的的工作岗位为由不能解除协议格式劳动改造协议格式，人民法院确定有限平台相悖了诚实信用卡的规则，需遵照销售人员在原有限平台月薪水的1.5倍向销售人员赔付实惠财产损失。典型例案8中，销售人员离职申请后未与有限平台有章可循满足还未成功完成的的工作流程，不相满足诚信友善履行合同的法律法规的规则，违反世界 注意中心使用是非观，销售人员风险意识到表现消极怠工后和有限平台完成率调解纠纷协议格式。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. 南京市奉贤区公民法庭上架《工作矛盾庭审施行安件市场研究报告》Shanghai Fengxian District People’s Court Released White Paper on Labor Dispute Trial and Enforcement Cases202两年14月十五日，东莞市奉贤区市民法官分享《劳功力争端审核运行民事案件行业报告》。在其中典型典例5有必要加关注，该典型典例中，营业员近五年期中循序向有所不同的选人用人企业单位提交三十次法律仲裁与诉讼程序，其请求多涉及未签劳功力协议书加倍的薪资差额，并曾多次对劳功力协议书中的个性簽名指出墨迹司法检验后换取非他自己所签的司法检验论证。该法官审核时采取到营业员的写字样板中墨迹共同点未能够得到充分的影响，从而调用了营业员在另案公开审判笔录中写字的个性簽名用于司法检验，并鉴别营业员在劳功力协议书中的个性簽名为他自己所签。后营业员又提交新的劳功力协议书法律纠纷且在此请求司法检验，奉贤法官会按照法律规定的代表英文人和营业员就劳功力协议书延期时的交谈记录卡，未布置参与墨迹司法检验，鉴别劳功力协议书的现实性，未认可营业员必须加倍的薪资的赞同。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 si🧜gn 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 verification 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. 重庆市东城市规划区民众人民检察院网（“东城人民检察院网”）推送会动民事审判劳动者问题类型装修案例
Beijing Dongcheng District People’s Court (“Dongcheng Court”) Released Typical Cases of Active Judicial Trial of Labor Disputes2026年1一月11日，东城法官更新会动法官诉讼劳动者纠纷具代表性经典案例分析。具代表性经典案例分析裁审思想观点以下几点：On 11 November 2023, Dongcheng Court issued typical cases of active judicial trial of labor disputes. The judicial views are as follows:a. 职员在编的前三天将平台的的客户相关信息PK对战给恶性市场竞争，人民检察院网举证在劳作配资合同实行前三天劳作者应尽脱密义务教育法，择人机关单位保证合同在编的前三天的脱密合同无效金不触犯规律标准，就双方彼此保证合同的10万美金合同无效金，人民检察院网基础性考虑到被告的合同无效形为、纳入含量、过失阶段及损耗的情况，酌减至4万美金。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. 在职员工十几次以生病了为由报考病假后度假旅行，度假旅行中拍摄视频的奔跑相册图片也与病情恶化相悖，这个银行为即有违良好的信用都是违新职业操守，公司的取消劳功合同文本被法律认可。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. 員工因舅舅病危病假，病假单日回家了抚养其舅舅，并于旅行假期内供给了舅舅病例婚纱照，但未新批，集团集团公司以員工包含旷工为由化解劳动者合同文本。区法院表示集团集团公司未凸显出以人本的发展趋势安全理念，与世界 努力体系化交换价值取向中友爱的规定一致，亦有悖中华梦中国民族的传统式孝文化教育，既不一情就说一理，是一种犯罪化解。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. 东城法庭推送《用工方担责稳妥刑案民事行业报告》
Dongcheng Court Releases White Paper on Trial of Employers’ Liability Insurance Cases202两年110月29日，东城检查院主持召开文章公布的新闻会公布的新闻了《工作力方总责商业险行业涉黑案件审理案件市场研究报告（2020-202两年）》。该《市场研究报告》的非常典型例1中，商业险行业装修公司的以受伤病员不相贴合商业险行业法条中载明的“职员”基本凡路，受伤病员与工作力行业是劳务派遣装修公司内在联系之所以工作内在联系拒赔，检查院审理案件指出工作力方总责商业险行业中的“选择内在联系”本就不是专指工作内在联系，工作力方与职员的凡路也本就不是专指工作内在联系中的用工行业和工作者，裁定商业险行业装修公司的赔尝。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.近年来的非工作内在联系工伤稳妥实践操作中，的企业常见使用劳务工方法律主责险防控和控制工伤稳妥危害性。人民法院的案件审理直径要明确劳务工方法律主责稳妥中的“选择内在联系”最好不要泛指工作内在联系，应做理论解悉，和劳务工方法律主责险的标记同一。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.
