The employer has not signed a labor contract, how long after the employee resigns

It is sufficient to submit a written application 30 days in advance, and the company cannot hinder or even deduct the salary for any reason.

The employer and the employer must sign an employment contract within one month after establishing the labor and employment relationship, and your employer has violated the law. You can apply for financial compensation.

Failure to sign a labor contract is not a statutory condition for terminating a labor contract, and the employer is not at fault, and the employee may terminate the labor contract in accordance with the provisions of the Labor Contract Law, and the employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

The employee can claim double wages from the employer starting from the second month of the labor contract without signing the employment contract, up to a maximum of 11 months.

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 record, and reflect the leader's name 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.

Labor Dispute Mediation and Arbitration Law

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Labor Contract Law

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

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.

Analysis of the draft law: If an employee fails to sign a labor contract, he or she can sue within one year after leaving the company. The limitation period for applying for arbitration of labor disputes is one year.

Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated. If the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other justifiable reasons, the limitation period for arbitration shall be suspended.

From the date on which the reason for the suspension of the statute of limitations is eliminated, the limitation period of the arbitration socks will continue to run. If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

If the employee has not signed a labor contract, he or she may resign at any time without notifying the employer. Failure to sign a written labor contract: the corresponding compensation is double the salary.

If the employer is legally at fault, i.e., under Article 38 of the Labor Contract Law, the employee may terminate the employment contract immediately by written notice and request the employer to pay severance compensation. In addition, 30 days in advance (3 days in advance of the probationary period) is required

1. What are the legal risks of not signing an employment contract?

1.The failure to sign a contract does not exempt the employer from the obligation to pay various social insurance premiums for the employee.

According to the law, as long as the employer has engaged in employment and formed an employment relationship with the employee, even if the employee has not signed the labor contract, the employee enjoys all the rights stipulated in the labor law, and the employer also bears various obligations under the labor law. Among them, the payment of various social insurance premiums in accordance with the law is a mandatory legal obligation that cannot be exempted from the employer. If the employer fails to pay social insurance premiums, the employee can file a complaint with the labor inspection department, which can order the employer to pay the premiums, or even apply to the court for compulsory enforcement and impose penalties on the employer.

2.If an employer terminates or dissolves a de facto labor relationship (dismisses an employee), it is required to pay severance in accordance with the law.

According to the law, if the two parties do not sign a written labor contract, when the employer terminates or terminates the labor relationship, it is required to pay severance to the employee in accordance with the law (some local regulations even stipulate that the labor relationship shall not be terminated if the labor contract is not signed), and if the severance is not paid in accordance with the law, additional severance shall be paid. However, if an employment contract is signed, the employer and the employee are not required to pay any severance when the employment contract is terminated upon the expiration of the employment contract.

3.If the employer finally stops the actual labor relationship or terminates the de facto labor relationship (dismissal of the employee) and causes the employee to lose his or her job, it may be necessary to compensate for the loss of unemployment.

If an employee is unable to receive unemployment insurance benefits after being dismissed because the employer has not paid unemployment insurance premiums for the employee in accordance with the law, the employee may request compensation from the employer in accordance with the law, and some places even stipulate that the compensation shall be twice the amount of the unemployment insurance benefits due to the employee.

4.Employees can terminate the employment contract at any time without any liability or compensation for breach of contract.

If the two parties have signed a labor contract, the employee must notify the employer in writing 30 days in advance if the employee wants to terminate the labor contract in advance, otherwise it is an illegal termination of the labor contract, and the employer shall be liable for compensation according to law. If the employment contract stipulates that the employee shall be liable for breach of contract if the employee terminates the employment contract early, the employer may also require the employee to bear the liability for breach of contract (such as liquidated damages, etc.) in accordance with the law. However, if the employer does not sign an employment contract with the employee, the employee can not only terminate the employment contract at any time, but also does not need to be liable for breach of contract or compensation to the employer.

Legal analysis: If you leave without signing the labor contract law, you can leave at any time, but if you want to leave the imitation salary, it is best to have evidence that you have worked until a certain day. If the employer does not sign a labor contract, it shall pay double wages from the second month, make up social insurance, and pay economic compensation for the termination of the labor relationship.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China 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 labor relationship shall be established from the date of employment.

If an employment contract is not signed, the employee can resign immediately and apply for compensation.