Is it okay to go to work normally, without signing a contract, without overtime pay, and asking for

The worker can claim double wages.

Article 82 of the Labor Contract Law stipulates that 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.

An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

According to Article 2 of the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations (Lao She Fa No. 12), if an employer has not signed a labor contract with an employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1. Salary payment voucher and record of social insurance premium.

2. The "work permit" and other documents that can prove the identity issued by the employer to the employee.

3. Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the worker.

4. Attendance records.

5. Testimony of other labor, etc.

The employer shall bear the burden of proof for the relevant evidence.

The above provisions are the "reversal of the burden of proof" under the law, and the company does not recognize that you have established an employment relationship, and the company bears the burden of proof.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

The collective contract must be negotiated collectively before it can be signed, you only came to work in 2011, and the company said that there was a collective contract in 2008, and even if there were, it would not apply to you, and the company was obviously shirking its responsibilities and justifying itself.

Therefore, the company is responsible for proving whether there is an employment relationship, and if it cannot be proved that there is no employment relationship between you, it will be determined that you have an employment relationship. Collective contracts must be collectively negotiated and registered, and contracts from 2008 do not apply to you who joined the work in 2011. Moreover, the employer claims that there is no employment relationship and that a collective contract has been signed, which is obviously contradictory.

You can apply for labor arbitration, and if you are not satisfied with the arbitration, you can file a lawsuit in the local court to demand double wages from the employer.

If the company does not sign a labor contract, does not pay social insurance, or does not pay overtime pay, you can file a complaint with the labor inspection brigade or apply for labor arbitration to demand the payment of double wages compensation, social security and overtime pay for the period when the labor contract is not signed.

Work permits, work clothes, wage slips, and witness testimony can all be used as evidence to prove the establishment of the employment relationship, and the employer must also provide evidence to prove its claim.

1. What you said can be submitted as evidence, although the probative power of a single piece of evidence is relatively weak, but the accumulation of multiple pieces of evidence will form a superposition effect, and even other colleagues who have left the company can be asked to prove;

2. You told the truth that you never knew about the collective contract, and even if there was a collective contract, you still had to pay social security to pay overtime wages;

3. If the employer proposes to terminate the contract due to the employer's failure to pay social security and overtime pay, the employer may be required to pay economic compensation.

You are still working for the employer, so you can make audio and video evidence, take pictures of the materials at work, and ask colleagues to testify as witnesses, and use your mobile phone to take pictures of the wage payment form and signature records, so as to prove the labor relationship.

You can refer to the following documents.

1) Social insurance payment records, wage payment vouchers or records (the employer bears the burden of proof) 2) "Work permit" issued by the company to you and other documents that can prove your identity.

3) Recruitment records such as the "registration form" and "application form" filled in by the employee (the employer bears the burden of proof).

4) Testimony of other workers, etc.

Basically, as long as you have one of the above items that can confirm your identity, you don't have to worry.

The above and the proof of current or former colleagues are sufficient to prove the existence of a de facto employment relationship and you can claim compensation.

Someone to prove that you work there, and you have to prove that you work overtime.

Legal Analysis: Yes. The employer shall pay the employee twice the monthly wage.

Legal basis: Labor Contract Law of the People's Republic of China Article 82 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 notice, 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 of the employee from the date on which the indefinite-term labor contract should be concluded.

1. If there is no labor contract, but there is a de facto labor relationship, there will be overtime pay. 2. If the employer is arranging overtime work in a position and the worker provides labor, the employee shall be paid overtime pay in accordance with the relevant provisions of the state, regardless of whether the labor contract has been signed or not. Overtime pay shall generally not be less than 150% of the salary.

Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of the wage.

Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract. It does not include overtime pay. The establishment of a double penalty for failure to sign a labor contract in the Labor Contract Law aims to prevent the use of the de facto employment relationship to evade legal obligations such as the payment of social insurance premiums, reduce labor costs, and infringe on the interests of employees.

Double wages include overtime wages, that is to say, double wages should be determined according to the monthly wages of the workers, including quarterly bonuses, semi-annual bonuses, and year-end bonuses, according to the actual amount of bonuses due in that month after apportionment.

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, the employer shall pay the employee twice the monthly wage; If an employer fails to conclude an indefinite-term labor contract with an employee in violation of regulations, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

The reason why the Labor Contract Law establishes a double penalty for failure to sign an employment contract is to make it mandatory for employers to sign a written employment contract with employees, and for violating the law, they will have to pay a corresponding price, which is embodied in the fact that if the parties do not sign an employment contract with this specific counterparty, they will have to pay twice the amount of money, or in other words, the cost of using one worker is equivalent to two workers. Costs include labor remuneration and non-labor remuneration, wages are labor remuneration, such as normal working hours wages, overtime wages, bonuses, allowances, etc., and non-labor remuneration does not belong to wages, such as social insurance premiums, labor protection fees, welfare fees, family planning fees, etc. This is because the law stipulates double wages, which means that the cost is excluded from non-labor remuneration, including all actual wages and personal taxes.

1. What are the circumstances of double wages without signing a labor contract?

There are two situations in which the employer fails to sign a labor contract to pay twice the wages without signing a labor contract: first, 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; Second, if the employer violates the regulations by not entering into an indefinite-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

The law tolerates an employer's failure to conclude a written employment contract for one month, and the longest forbearance period is one year. If a written labor contract is not concluded for more than one month, double wages shall be paid for 11 consecutive months starting from the second month; If a written labor contract is not concluded for more than one year, it shall be deemed that both parties have entered into an indefinite-term labor contract, and the indefinite-term labor contract shall be compulsorily signed.

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, the employer shall pay the employee twice the monthly wage, regardless of whether it works overtime or not. If the employer has not concluded an indefinite-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Legal basis] Article 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 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 open-ended labor contract should be concluded.

Article 87.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Overtime without a labor contract and overtime pay without overtime pay are required to be paid in full, and double wages are required to be paid during the period without a labor contract. The law stipulates that the overtime pay on rest days requires the employer to pay twice the salary that the employee should have, and if the overtime work is stipulated by the state to be rested, the overtime may even be increased to three times. The specific regulations are as follows:

1. According to Article 44 of the Labor Law, under any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee for normal working hours according to the following standards:

1) Where workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of their wages.

(2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; So if you work overtime on Saturdays, the overtime pay will be calculated at 200%.

2. The calculation method is implemented in accordance with the Notice on the Conversion of Employees' Average Monthly Working Hours and Wages issued by the Ministry of Labor and Social Security: overtime wages on statutory public holidays = daily wages multiplied by 200% daily wages = monthly wage income Hourly wage for monthly salary days = monthly wage income (monthly salary days multiplied by 8 hours). Monthly salary days = (365 days - 104 days) December = overtime pay related knowledge:

This year, the number of statutory holidays has been changed from 10 to 11, and the calculation base of overtime pay has also been adjusted. According to the original regulations, the average number of working days per month and the conversion of daily wages are calculated on a daily basis, while the notice of the Ministry of Labor and Social Security last month made it clear that monthly working days = 365 days - 104 days (rest days) - 11 days (statutory holidays) 12 (months) = days and months, and monthly salary days = (365 days - 104 days) December = days. The new measures distinguish between monthly working days and monthly paid days, which are mainly used to determine whether to work overtime, while monthly paid days are used as the standard for converting overtime pay.

Overtime pay for working days is calculated as follows: monthly wage multiplied by the number of overtime hours multiplied by multiplier;

The calculation of overtime pay on statutory holidays is as follows: monthly salary multiplied by the number of overtime hours multiplied by 3 times.

1. What is the payment of overtime pay?

Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage in accordance with the following standards:

1) Where workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of their wages.

(2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.