Beijing Higher People’s Court and Beijing Municipal Labor Dispute Arbitration Committee recently discussed difficult and complicated issues in labor dispute cases and released the meeting minute on May 7, 2014. The meeting minute mainly includes:
1. Identification of Employment Relationship and Responsible Party under Special Circumstances
For persons who start to enjoy pension insurance treatment, receive pension, or reach statutory retirement age, the relationship between such person and its employer should be service relationship, instead of employment relationship.
For persons who have not reached the statutory retirement age but take early retirement, who receives no salaries from its employer, provides no service to its employer but retain employment relationship with its employer, who are laid-off, if such person establish employment with a new employer, the relationship between such persons and the new employer should be employment relationship. But if the new employer does not contribute social insurances for such persons due to subjective reasons, and such persons terminate their employment and claim for compensation, their claims will not be upheld.
2. Double Salaries Claim from Management/HR Director due to Absence of Written Employment Contract
Legal representative’s claims for double salary in accordance with Article 82 of the Employment Contract Law will not be upheld. Management/HR director is entitled to claim for double salaries in accordance with Article 82 of the Employment Contract Law. But such claim from HR director will not be upheld if the employer is able to prove that signing employment contract with employees is among the HR director’s job responsibilities.