[a brief introduction of the case] In March 2010, Lee applied for a hotel to engage in plumbing equipment maintenance work. The hotel arranged jobs for Li, and paid monthly labor remuneration. Lee was restricted by the hotel management system. July 2016, the hotel verbally notify Lee, the two sides to terminate the work relationship. In October, Li applied for labor arbitration, requiring the hotel to pay double wages and economic compensation for failing to sign labor contracts. In December, the Labor Arbitration Commission decided to support Lee's appeal. If the hotel refuses to accept the verdict and lodge a lawsuit, it is required to confirm that there is no labor relationship between the two parties according to law. [focus of dispute] The dispute focused on whether the plaintiff's hotel should bear the double wage liability without signing the labor contract. We believe that there is a labor relationship between the original and defendant, the plaintiff hotel should pay the economic compensation to the defendant Lee, but do not bear the responsibility of double labor contract without signing the contract, the reasons are as follows: First of all, both parties belong to the unfixed term labor contract. The essential characteristics of labor relations lie in the personal subordination relationship between employees and employers, and the labor process, such as the specific content, mode and time of labor, is subject to the supervision and management of employers. Combined with the case, from March 2010 to July 2016, Lee accepted the management of the employer's Hotel, restricted by the rules and regulations of the hotel, between the two sides of the management and management of the affiliation, and the hotel to pay wages to lee. Article fourteenth of the labor contract law stipulates that if the employer does not conclude a written labor contract with a worker for one year from the date of his own work, it shall be deemed that the employer and the employee have entered into a non fixed term labor contract. Therefore, there is no fixed term labor contract relationship between Li and the hotel. Secondly, Lee asked for economic compensation should be supported. Article forty-eighth of the labor contract law stipulates that the employer violates the provisions of this law to terminate or terminate the labor contract, and if the laborer does not require the continued performance of the labor contract, the employer shall pay the compensation. In July 2016, the plaintiff Hotel unilaterally relieved the labor contract relationship with Li, Li also did not require to continue to fulfill the labor contract, so the plaintiff hotel should pay economic compensation to lee. Again, the hotel does not bear double wages responsibility. Article eighty-second of the labor contract law stipulates that a written labor contract should be paid to the worker two months a month after the employer has not written a labor contract with the employee for more than one month. In this case, Lee worked in the hotel after one year, as the two sides have entered into a fixed term labor contract, compared with the fixed term contract, but also strengthened the constraints on the hotel. Because the law has presumed that the two sides have entered into a labor contract, then the hotel should continue to bear the responsibility of double wage payment without signing the labor contract. In addition, pay double wages to labor contract existence as the premise, the plaintiff has informed Lee to terminate the labor contract, Lee also apply to the plaintiff to pay economic compensation, that Lee accepted the labor relations have been lifted, so Lee's request no legal basis, the hotel should not pay double wages did not sign labor contract. (source: People's court)