摘要
我国《劳动合同法》第82条规定在未签订书面劳动合同时劳动者享有二倍工资请求权,其适用条件包括:双方已建立全日制劳动关系、双方未签订书面劳动合同、双方未签订书面劳动合同的时间在一个月以上不满一年。但是在实践中对该请求权的适用条件却存在诸多分歧。通过对相关实践经验和理论成果的比较,在即将制定的相关规范性文件中对相关争议问题作出明确规定,有助于解决司法实践中的不统一现象。
The double wages liability stipulated in article 82 of the labor contract law of the PRC is very useful to solve the problem of the low percentage of written labor contracts. The conditions of its application include that the two parties have established a full -time labor relationship, have not signed a written labor contract, and have not signed a written labor contract for more than one month but less than one year. But in judicial practice there are many different opinions on the conditions of its application. Based on the practical experience and theoretical re- sults, making explicit provisions on controversial issues in the future normative documents, may contribute to the solution of the inconsistent phenomena in judicial practice.
出处
《法学杂志》
CSSCI
北大核心
2012年第12期154-158,共5页
Law Science Magazine
