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

After only eight months at the company, Zhang Yu (pseudonym) was dismissed. He had intended to claim double wages from the company for failing to sign a labor contract, but was stunned when the company produced a labor contract bearing his "signature."

In March of last year, Zhang Yu joined an advertising design company in Wuhan, but his performance in the first few months was not ideal. In November, Zhang Yu secured a major project, which the company valued highly. Zhang Yu thought his chance to turn things around had come and worked overtime until the early hours every day. However, when it came time to sign the contract, the client declined the collaboration, saying Zhang Yu's proposal did not align with their company's business philosophy. The next day, the company manager called Zhang Yu in for a talk, saying the company believed Zhang Yu was not suited for the job and intended to dismiss him. Zhang Yu thought that leaving was fine, but since the company had never signed a contract with him from the time he joined until now, they should pay him double wages. So he straightforwardly shared his thoughts with the company manager. Unexpectedly, the manager took out a labor contract bearing Zhang Yu's signature from a drawer and slapped it onto the desk.

[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)

According to the Labor Contract Law and relevant regulations, an employer shall conclude a written labor contract with an employee within one month of the employee's commencement of work, and the contract shall be signed by the employee personally. If another person is to sign on the employee's behalf, a corresponding power of attorney must be provided; in the absence of such authorization, the labor contract shall only become effective upon subsequent ratification.

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.