What should I do if I am dismissed if I do not have a labor contract?

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.

1. When applying for labor arbitration, the applicant shall bring the arbitration application, a copy of the ID card, relevant evidence, and the industrial and commercial registration information of the employer (required in some areas). After the case is filed, **, and then mediated, and the arbitration committee issued an award if the mediation fails. The labor arbitration commission does not charge a fee;

2. In labor disputes, it is key to have evidence to prove the labor relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimonies (resigned and in-service can be used), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc.; Of course, it is possible to apply for labor arbitration without evidence, but there is a risk of losing the lawsuit;

3. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees. During the application for labor arbitration, the employee shall not be delayed to work in the new unit.

Article 10 of the Labor Contract Law A written labor contract shall be concluded to establish a labor relationship.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker 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.

Go to the local labor arbitration committee, apply for labor arbitration, ask for confirmation of the labor relationship, and you need the company to pay you back or something.

The most annoying of this, [ Tag Type |Level 4 ] Such, paste one, eggs with something that is not used, the first one is.

You can go to the labor department where the unit is located to apply for labor arbitration. If you are not satisfied with the arbitration result, you can go to the basic court to file a lawsuit.

The company shall sign a written labor contract with the employee within one month from the employee's employment (and the employee shall also sign a labor contract during the probationary period), and if no written labor contract is signed, the employee shall be paid double wages from the second month. However, it is important to note the one-year statute of limitations, which expires month by month for claims for double wages.

The law stipulates that 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.

Article 82 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.

If the company dismisses you without legal reasons, it is illegal to terminate the labor contract, and you should pay 2 months' salary as compensation for every year of service. The salary standard is calculated based on the average salary of the 12 months prior to your departure, which is the average of all salaries.

Is the standard of compensation for work-related injuries without a labor contract the same as that for work-related injuries caused by signing an employment contract? How to compensate for work-related injuries without signing a labor contract? If there is no labor contract and a work-related injury occurs, the injured employee can still claim work-related injury benefits in accordance with the provisions of the Regulations on Work-related Injury Insurance.

If the employer does not pay work-related injury insurance for the employee, the employer shall bear or compensate for all the work-related injury benefits. If the employer and the employee do not sign a written labor contract, it does not affect the establishment of the labor relationship, that is, there is a de facto labor relationship between the two parties, and if the employee is injured due to work-related reasons, it is still a work-related injury and can claim work-related injury benefits. When dealing with work-related injuries, you should apply to the labor and social security department for work-related injury recognition within the specified time, and then apply for disability appraisal after the work-related injury is identified and concluded, and then determine the specific amount of work-related injury compensation according to the disability level of the appraisal.

As for the amount of compensation, if the employer cannot reach an agreement, it can apply for labor arbitration. Legal basis: Article 36 of the Contract Law of the People's Republic of China stipulates that if the law or administrative regulations or the parties agree to conclude a contract in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

According to Article 14 of the Labor Law of the People's Republic of China, 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. If you are dismissed without cause:

Claim for severance payments.

The employer is required to pay double wages up to a maximum of 11 months. In terms of evidence, it is sufficient to prove the employment relationship, such as pay slips, punch-in records, tooling, work information, colleague testimony, etc.

To apply for labor arbitration, the application for labor arbitration shall be made at the labor arbitration commission in the place where the unit is registered, or a lawyer may be entrusted to arbitrate on behalf of the unit, and the statute of limitations for labor arbitration shall be one year, calculated from the date on which the infringement was known or should have been known. Those who are dissatisfied with the arbitration may also file a lawsuit in court.

If a labor contract is not concluded, the employee may be required to pay twice the wages for the period during which the contract has not been concluded, and may apply for labor arbitration.

If you don't sign anything, you're fired, you have nowhere to reason, you must sign the contract, otherwise you will suffer a lot.

Then you have to compensate N+1 according to the length of service, and you will be compensated for n months in n years.

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 salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee. You can negotiate with the company, apply for labor arbitration, or file a lawsuit. If you file a lawsuit, it is more cumbersome, and it is best to hire a special labor dispute lawyer.

You should prove that there is an employment relationship between you and the company, and if the employer does not sign an employment contract with the employee, the employee can use the following evidence to prove the existence of an employment relationship:

1. Salary payment records. Such as stamped pay slips, bank records of salary cards.

2. Badge, access card, work card, work card or work record sheet (form).

3. The original time card, and the company's official seal.

4. Proof of payment of wages, written proof of arrears of wages, etc.

5. The business contract, documents, power of attorney, and corresponding evidence of business trips signed on behalf of the company should be original.

6. Work records, corresponding evidence of business trips, etc.

7. The witness testimony of a colleague should preferably be proved by a colleague who is on the job.

8. Recording. In the process of negotiating with the employer to resign, make the following audio recording to prove the occurrence of the dismissal and the fact that the employer refuses to issue a dismissal certificate. This is a very important and effective way.

If the employee is not at fault and the employer unilaterally terminates the termination, it is an illegal termination, and the employee may claim compensation twice as much as the economic compensation. The following is a solution for your reference:

Negotiate with the employer;

apply to a trade union or mediation organization for mediation;

lodge a complaint with the Labour Inspectorate;

Apply for labor arbitration.

Go to the local labor bureau, and the labor arbitration commission applies for labor arbitration to demand payment:

1. Double salary for 11 months without signing a labor contract;

2. Compensation for illegal termination of labor relations is 9 months' salary.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Article 14 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, the employer shall be deemed to have entered into an indefinite labor contract with the employee, and shall pay the employee twice the monthly salary for the preceding 11 months.

Hello, glad to answer for you :

This can be compensated, first of all, the company has not signed a labor contract for more than a year, and now it is an indefinite labor contract relationship with the employee, if the unit wants to resign the employee, it is necessary to pay the employee the corresponding compensation and double the salary compensation during the period of the labor contract, you can go to the local labor administrative department to complain or apply for labor arbitration in the labor arbitration commission to protect your rights, I hope the answer will be helpful to you!

Under the Labor Contract Law, if you do not sign a labor contract and do not sign a labor contract within one year after one month of employment, you can claim double salary compensation for up to 11 months.

Require the company to pay insurance.

If the dismissal is not due to your violation of laws and regulations or the loss caused to the company, you need to be compensated according to the number of years of your salary, and one month's salary for each full year.

You can go to your social security bureau to apply for labor arbitration.

Immediately go to the local labor arbitration section to apply for labor arbitration, which is a right granted to you by the state and is generally beneficial to the labor party (you).

Secondly, you now have to collect and sort out evidence to prove your labor facts, such as pay stubs, attendance records, documents with the official seal of the unit, business cards, access control cards, and a series of facts that can prove that you have worked in the unit for 4 years, and then wait for labor arbitration.

I believe that this situation is very beneficial to you, you can pay a lot of compensation, first of all, because you do not sign a labor contract within 1 month after joining, and then pay double wages for 11 months of a year, followed by you work for nearly 5 years, pay 1 month's salary for every full year, and pay half a month's salary for more than 6 months in less than a year, according to your description, it is estimated that 4 and a half months' salary will be paid, and a total of 15 and a half months' salary can compensate you, which is considerable.

If you have any questions, please contact us.

You can claim the following financial compensation:

1. The employer terminates the labor contract and pays one month's salary as compensation.

2. The employer terminates the labor contract and pays one month's salary for each year as compensation, and about 4 months' salary for 07-11 years.

3. According to the Labor Contract Law implemented on January 1, 08, if the labor contract is not signed, double wages will be paid as compensation from February 2, 08, that is, a total of 40 months' wages from 08 2 to 11 5.

4. The total of the three items is 45 months' salary as compensation.

5. I don't know if the employer pays social security for you, if not, you can ask for supplementary payment.

6. Due to the large amount, it is recommended that you apply for labor arbitration.

7. There are many legal provisions involved, so I will not repeat them, it is recommended that you read the labor law and labor contract law in detail, which have the provisions you need. It will also be helpful for your future arbitration and litigation.

8. You need to collect all the evidence that you formed a de facto labor relationship in 07-11 5 so that you can win the lawsuit.

1. In this case, although the labor contract has not been renewed, there is a de facto labor relationship between the two parties;

2. If the company dismisses without a valid reason, you can ask for double compensation;

3. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties: (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity; (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 workers, etc. Therefore, the worker or the labor and social security department can prove or confirm from the above aspects.

In the labor contract law, there is a double compensation for the undetermined labor contract, but there is no provision for the renewal or non-renewal, but you are still very lucky, secretly tell you that this is still equally valid, you can learn from the judicial interpretation, and now the unit can not dismiss you for no reason because you have not signed a labor contract with you, you can apply for arbitration for no reason, and file a claim - the unit is illegally terminated, you can get twice the economic compensation, plus do not pay social security premiums, but generally do not pay for one year, because the statute of limitations has passed.

Go to the labor bureau where your company is located to apply for labor arbitration, remember to keep the evidence of the de facto labor relationship between you and the company, such as time cards, salary cards, etc., if the labor bureau does not act, call the local TV station to break the news**. Let the reporter come and interview, absolutely yes.