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劳动者和用人单位未签书面劳动合同,根据法律规定可以讨要双倍工资。然而在现实生活中,讨要到双倍工资并非易事。非全日制工起诉维权双倍工资拿不到小丽于2010年9月起在北京市某中学担任代课老师,每天上课不超过4个小时,课酬每小时60元,双方未签订劳动合同,小丽只需保证按时到岗,不需坐班。2011年6月,小丽离职,并在同年7月份向某劳动争议仲裁委员会提起仲裁,要求该校支付双倍工资,仲裁委最终驳回了小丽的仲裁请求。小丽随后将该中学起诉至北京市密云县法院。
Laborers and employers have not signed a written labor contract, according to the law can discuss double pay. However, in real life, it is not easy to find double pay. Part-time workers do not claim double the rights to protect their rights Mary starting in September 2010 in a middle school in Beijing as a substitute teacher, daily class no more than 4 hours, class 60 yuan per hour, the two sides have not signed a labor contract, Mary just to ensure on time, do not need to sit in class. In June 2011, she left office and filed an arbitration with a Labor Dispute Arbitration Commission in July of the same year, asking her to pay twice her salary. The Arbitration Commission eventually dismissed Mary’s request for arbitration. Mary then sued the middle school to the court in Miyun County, Beijing.