【职工维权】冯先生咨询:我的朋友沈林于去年11月份入职某服装公司,负责销售工作,双方并没有签订书面劳动合同。目前,这家服装公司口头辞退了沈林,双方遂发生纠纷。沈林向服装公司要求领取困未签订劳动合同应支付的二倍工资,而服装公司却以沈林占用了单位的业务款,涉嫌职务侵占,已经向公安机关报案为由,据此提出按照“先刑后民”的原则,拒绝向沈林支 [Staff Rights] Mr. Fung Advisory: My friend Shen Lin joined a clothing company in November last year, responsible for sales, the two sides did not sign a written labor contract. At present, the apparel company verbally resigned Shen Lin, the two sides subsequently disputes. Shen Lin to the clothing company to claim sleepy did not sign the labor contract should pay twice the salary, but the clothing company to Shen Lin occupy the unit’s business models, suspected of occupying the office, has been reported to the public security organ, accordingly proposed in accordance with “First sentence after the people” principle, refused to Shen Linzhi