Dispute over double wages for failure to sign an open-ended labor contract with a trading company in Fujian

Case Summary

Plaintiff Wang joined defendant Fujian [Name] Trading Co., Ltd. on 2019/6/1 as Finance Supervisor. The parties executed three consecutive fixed-term labor contracts, with the final term expiring on 2024/5/31. On 2024/6/1, after the contract expired, Plaintiff became eligible to sign an open-ended labor contract and repeatedly requested Defendant to do so. Defendant refused and continued paying Plaintiff wages based on the original contract terms without executing a written open-ended labor contract. After Plaintiff resigned on 2024/12/31, they filed suit seeking double wage compensation for the period from 2024/6/1 to 2024/12/31 due to the failure to execute an open-ended labor contract, totaling 84000 yuan.

Key Dispute

1.Does the plaintiff meet the conditions for entering into an open-ended labor contract?

2.Should the defendant pay double wage compensation for failing to enter into an open-ended labor contract with the plaintiff?

3.Do the calculation base and amount of the double wage difference claimed by the plaintiff comply with legal regulations?

Case Strategy

1.Core evidence such as fixed-term written labor contracts, payroll records, certificates of termination, and communication records between both parties.

2.Produce evidence that the plaintiff has been continuously employed by the defendant company for 10 years and has signed fixed-term labor contracts on 3 consecutive occasions, thereby meeting the conditions under the Labor Contract Law to enter into an open-ended labor contract.

3.Demonstrate that, pursuant to the Labor Contract Law, if an employer fails to conclude a written open-ended labor contract with an employee as required, the employer shall pay the employee double wages for each month starting from the date such a contract should have been concluded.

4.The plaintiff's claim for double wages is calculated as follows: monthly wage 12000 yuan, period of 7 months, totaling 84000 yuan. This complies with legal requirements.

Processing Result

The court ruled that the defendant, a certain trading company in Fujian Province, shall pay the plaintiff, Wang, double wage compensation for the period from 2024/6/1 to 2024/12/31 due to failure to execute an open-ended labor contract within 10 days of the judgment taking effect. The defendant shall bear all litigation costs.

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