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OK. The Labor Contract Law stipulates that from 1 February 2008, those who do not sign a contract will be paid double wages. You can apply for arbitration at the labor arbitration at the place where the enterprise operates.
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OK. Paragraph 1 of Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee within one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. Paragraph 2 stipulates that if an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
Paragraph 3 of Article 14 of the Labor Contract Law stipulates that if an employer does not conclude a written labor contract with an employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.
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If the employer does not sign a labor contract, the employer may be required to pay twice the salary of the unsigned contract from the second month of employment to the full year of employment.
Article 82 of the Labor Contract Law If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
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If you apply for labor arbitration (if you apply for labor arbitration, it is estimated that the company will not let you work here again), and the request for double public capital can only be used for a maximum of 11 months (stipulated in the new regulations), and if you don't sign it, it will be counted as an indefinite labor contract!
If you still want to work for the company, it is recommended that you wait until after you leave the company to apply, and the statute of limitations can be extended to one year after you leave the company!
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It is a crime not to sign an employment contract. You can go to the labor department for arbitration. Keep your company's pay stubs, work permits, and other evidence that you work for that company.
For details, please contact the Labor Bureau.
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Article 82 of the Labor Contract Law stipulates that double wages shall be paid for those who have signed an employment contract for "less than one year".
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How can I ask for double wages without signing an employment contract?
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Legal analysis: If the labor contract is not signed, double wages will be paid, so the enterprise shall pay double wages when terminating the labor relationship, and if it is not paid, the employee can apply for labor arbitration; The failure to sign an employment contract can lead to the establishment of an indefinite employment contract; Failure to sign a labor contract still does not exempt the employee from the obligation to pay various social security premiums. The law stipulates that as long as the employment relationship exists, the enterprise shall fulfill the obligations stipulated in the labor law, and if it does not perform, the employee may file a complaint with the labor inspection department.
Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to conclude a written labor contract with a labor partner for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
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If you do not sign an employment contract, you must pay double wages. According to Article 80 of the Labor Contract Law of the People's Republic of China, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee a monthly salary equal to the amount of the employee's salary.
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If you do not sign a labor contract, you must be compensated with double wages, and the specific reasons are as follows:
1. According to the regulations, if the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay twice the monthly salary to the employee, so the enterprise shall pay double the salary at that time
1) If the payment is not made, the employee can apply;
2) If the employee fails to sign the labor loss agreement, the employee can terminate the relationship at any time without being liable for compensation;
2. It is deemed that the contract with no fixed term has been signed. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract, which is unfavorable to the enterprise;
3. The unit cannot dismiss the employee on the grounds of unqualified probation
1) If the employee is proved to be ineligible for employment during the probationary period, the employer may terminate the labor contract;
2) After signing the contract and stipulating the probationary period, the enterprise can dismiss the employee at any time during the probationary period on the grounds that it does not meet the employment conditions without paying economic compensation. However, if the labor contract is not signed, there is no problem of probationary period, and the dismissed employee must pay economic compensation;
4. Failure to sign a labor contract still does not exempt the employee from the obligation to pay various social security premiums. The law stipulates that as long as the employment relationship exists, the enterprise shall fulfill the obligations stipulated in the labor law. If they do not perform, the worker may file a complaint with the department.
Legal basisArticle 82 of the Labor Contract Law of the People's Republic of China.
If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
If an employer violates the provisions of this Law and does not conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract is concluded.
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If the employer fails to sign a labor contract for arrears of wages, double wages shall be compensated according to regulations.
If the employee has worked for 2 years and the employer has not signed an employment contract, the employee may claim double wages from the employer starting from the second month of the labor contract for a maximum of 11 months.
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To provide evidence to prove the existence of an employment contract relationship between the employee and the employer, the usual evidence materials required include the following:
1. Evidence of the employee's work content, such as electronic texts, materials, and other information related to the company;
2. The relevant identification of the worker's work, such as work letter, employee card, employee clothing and any other proof related to the company;
3. The system basis given by the company to the workers is best to seal or print the whole set of materials, such as employee handbook, financial system, employee roster, etc.;
4. Information on the communication between the company's regular employees or leaders and employees, such as work arrangements, written notices, e-mail notices, etc.;
5. The worker can try to have a dialogue with the company's supervisor, and then record the recording, and reflect the leader's famous banquet in the recording material, otherwise, it will be difficult for the labor dispute arbitration committee to confirm the authenticity of the recording material;
6. The worker can prove that the worker works in the company through the witness and the testimony of other employees who have left the company.
7. Other materials that can be related to the company (documents signed by the work) can be used as evidence.
If the contract expires and the employee asks not to renew it, there is no severance If the employer does not ask to renew it with you, there is severance Calculation of severance payment: >>>More
It is expressly stipulated in the law that the contract cannot be terminated during the medical treatment. If the dismissal on the grounds that the unit fails the assessment is a deliberate circumvention of the law and a serious violation of the law, there is also a sentence after the unqualified training, requiring the unit to arrange another job. Compensation is based on the premise of termination of the contract, and it is related to the length of service years, so it is difficult to compare which compensation is more.
If the employer has not signed an employment contract with the employee, the employee may apply for labor arbitration and demand the employer to pay compensation or severance (severance if the illegal termination is compensation in accordance with Article 46 of the Labor Contract Law), double wages for failure to sign the labor contract (starting from the second month of employment, up to 11 months), etc. >>>More