If a colleague signs a labor contract on behalf of an employee, can the employee claim double wages after being dismissed?

[2] After working at the company for only eight months, Zhang Yu (pseudonym) was dismissed. He initially planned to claim double wages for the lack of a signed contract, but the company produced a labor contract with a "signature," leaving him stunned.

[3] In March last year, Zhang Yu joined an advertising design company in Wuhan, but his performance in the first few months was not ideal. In November, he landed a big project that the company valued highly. Zhang Yu thought this was his chance to turn things around, working overtime until dawn every day. However, when it came time to sign the contract, the client declined the collaboration, stating that Zhang Yu's proposal did not align with their business philosophy. The next day, the company manager spoke with Zhang Yu, saying the company believed he was not suitable for the job and decided to dismiss him. Zhang Yu thought, leaving is fine, but since the company had not signed a contract with him since he started, they should pay double wages. So, he directly expressed this idea to the manager. To his surprise, the manager pulled out a labor contract with Zhang Yu's signature from a drawer and slapped it on the table.

[4] It turned out that shortly after Zhang Yu joined, the company notified him to sign the contract, but he was on a business trip. The company then had a colleague sign the labor contract on his behalf and informed him afterward. Therefore, the company rejected Zhang Yu's claim for double wages.

[5] (Wuhan Evening News)

[6] According to the Labor Contract Law and related regulations, an employer must sign a labor contract with an employee within one month of their start date, and it should be signed by the employee personally. If someone else needs to sign on their behalf, a corresponding power of attorney must be provided; without authorization, subsequent ratification is required for the labor contract to be valid.

In this case, the company had Zhang Yu's colleague sign the labor contract on his behalf. Although Zhang Yu was informed afterward, the company did not obtain explicit authorization from Zhang Yu, nor did Zhang Yu subsequently ratify the signed contract. Therefore, this labor contract remains invalid. After being dismissed by the company, Zhang Yu can demand double wages and economic compensation from the employer.