论文部分内容阅读
编辑同志: 我是个打工仔,前年我到一家公司打工,因求职心切,进公司时未与公司签订劳动合同。当时双方口头约定,定期领薪水。最近,我与公司在薪水问题上产生了矛盾,经过多次协商未能达成协议。我想到法院打官司,公司的员工也都挺支持。但不少人担心当初没有合同,法院不会受理(我们公司职员都没有与老板签劳动合同),我也吃不准。请问:象我们这样没有签订劳动合同向法院起诉,法院应受理吗? 读者:刘明刘明同志: 从你的来信看,你与公司已经形成了事实上的劳动关系,虽然没有书面的劳动合同,但法院还是可以受理的。最高人民法院《关于审理劳动争议案件适用法
Editor's Comrade: I am a wage earner. Two years ago I went to work for a company. Because I was looking for jobs, I did not sign a labor contract with the company. At that time both sides verbally agreed to receive salaries on a regular basis. Recently, I have had a conflict with the company on the issue of wages and have failed to reach an agreement after many negotiations. I think the court litigation, the company's employees are all quite supportive. But many people worry that the original contract was not accepted by the court (our company staff did not sign the labor contract with the boss) and I could not eat it. I would like to ask: If we did not sign a labor contract to prosecute the court, the court should accept it? Readers: Comrade Liu Ming Liu Ming: From your letter, you and the company have formed a de facto labor relations, although there is no written labor contract , But the court still admissible. Supreme People 's Court "on the trial of labor dispute cases applicable law