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最高法答南都:因员工本人故意未签劳动合同,单位无需担责
Nan Fang Du Shi Bao·2025-08-01 06:01

Core Viewpoint - The Supreme People's Court has issued an interpretation regarding labor dispute cases, stating that employers are not required to pay double wages if a written labor contract is not established due to force majeure, employee's own fault, or other legal circumstances [1][4]. Group 1: Legal Interpretation - The new interpretation, referred to as "Interpretation II," summarizes judicial experience and clarifies that employers are not liable for double wages when a written labor contract is not signed due to force majeure or significant employee negligence [1][4]. - The interpretation emphasizes the principle of good faith and aims to balance the protection of both employees' and employers' legal rights [1][4]. Group 2: Responsibilities and Obligations - According to the Labor Contract Law, employers are primarily responsible for establishing written labor contracts; however, there are situations where the failure to do so is not due to employer fault, such as natural disasters or employee negligence [3][4]. - In cases where a labor contract automatically renews upon expiration, employers are not required to pay double wages, and if an employer has not signed a written contract after one year, it is considered a non-fixed-term contract, relieving the employer from double wage payments [4].