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关于竞业限制、社保等劳动争议,最高法明确→
Zhong Guo Xin Wen Wang· 2025-08-01 06:53
Group 1 - The Supreme People's Court has clarified the legal standards for labor disputes, including non-compete agreements and social insurance issues, effective from September 1 [1] - Non-compete clauses are invalid if the employee is unaware of the employer's trade secrets or related confidential matters, and the scope of such clauses must align with the employee's knowledge of these secrets [2] - Agreements between employers and employees to not pay social insurance are invalid, as social insurance is a fundamental right for employees and a legal obligation for employers [3] Group 2 - Employers are not liable to pay double wages if a written labor contract is not established due to force majeure or employee negligence, and specific conditions for continuous fixed-term contracts are clarified [5][6] - Contractors and subcontractors are responsible for labor remuneration and work-related injury insurance if they transfer their business to unqualified entities [7] - Courts will support employees in confirming labor relationships based on management behavior and other factors when no formal contract exists with the employing entity [8]
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].
微信聊天记录能当作劳动合同吗?
Ren Min Wang· 2025-05-22 01:11
Group 1 - The court recognized that WeChat chat records can serve as valid electronic evidence for labor contracts, fulfilling the requirements of written form as per the Civil Code [1][2] - The chat records demonstrated that both parties agreed on essential labor contract elements such as contract duration, job responsibilities, salary, and social insurance, aligning with the Labor Contract Law [2] - The court ruled that the absence of physical signatures does not invalidate the contract, as both parties acted according to the agreed terms in the chat, confirming the existence of a labor contract [2] Group 2 - The initial ruling by the court stated that the company was not required to pay double wages to the employee, which was later upheld by the Ningbo Intermediate People's Court [2]