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劳动合同是劳动者与用人单位劳动雇佣关系的前提和基础,但是实践中并非所有的雇佣关系都签订了劳动合同,由此便形成了事实劳动关系,即用人单位与劳动者虽然没有订立书面劳动合同,但双方实际履行了劳动法所规定的劳动权利义务而形成了劳动关系。对于事实劳动关系,《劳动合同法》作了重要规定:用人单位自用工之日起超过一个月不满一年未与劳动者订立书面劳动合同的,应当向劳动者每月支付二倍的工资;用人单位自用工之日起满一年仍然未与劳动者订立书面劳动合同的,除按照以上规定支付二倍的工资外,还应当视为用人单位与劳动者已订立无固定期限劳动合同。因此,自2008年2月1日起,对于依然存在的事实劳动关系,将开始受到法律更加严厉的制裁。在事实劳动关系“终结号”首航之际,企业该如何应对呢?本期邀请了劳动法专家阎付克律师就事实劳动关系的一些问题的解决及预防提供专业意见和应对策略。
Labor contract is the precondition and foundation of labor-employment relationship between laborer and employer, but in practice, not all employment relations have signed labor contract, which results in the factual labor relationship, that is, employer and laborer have not concluded written labor However, both parties actually fulfilled the labor rights and obligations stipulated in the labor law and formed a labor relationship. For factual labor relations, “Labor Contract Law” made an important provision: the employer from the date of employment more than one month less than one year without a written labor contract, should be paid to workers twice the monthly salary; If the employer still fails to conclude a written labor contract with the employee one year after the date of employment, the employer shall treat the employer as having no fixed-term labor contract with the employee in addition to paying twice the salary according to the above provisions. Therefore, as from February 1, 2008, there will be more severe sanctions against the still existing factual labor relations. How should enterprises deal with the fact that labor relations “the terminal number ” maiden flight? This issue invited labor law expert Yan Fuke lawyers to provide professional advice and coping strategies on the solution and prevention of some problems in factual labor relations.