Can I apply for labor compensation if I work for 13 months without signing a contract and am dismiss

You can apply for labor arbitration at the Labor Dispute Arbitration Commission. The unit is required to pay double wages for 11 months x 4,000 yuan without signing a labor contract. In addition, if the employee does not violate the rules and regulations of the employer, if the employer terminates the labor contract, it is an illegal termination of the labor contract, and double compensation shall be paid, and 13 months shall be one and a half years, so you shall be given economic compensation for 3 months' salary.

If the employer does not pay social insurance premiums to you, ask the employer to make up the payment. Arbitration should support these claims. If you apply for arbitration, as long as the case is filed, the employer will definitely negotiate with you to settle the case.

You can claim compensation, and what you can get is the sum of points 1 and 2 of the following:

1. You have not signed a labor contract, according to the regulations, you must sign a written labor contract within one month after joining the company, but you have not signed a contract with you within one year, so the company still needs to pay you 11 months' salary.

2. Because the company illegally terminates the labor contract, it needs to pay you compensation, according to the standard of two months of salary a year, so you can get compensation of 3 months' salary.

Hello, 1. If the contract has not been signed for more than one year, it is deemed that an indefinite labor contract has been concluded.

2. If the employer cannot provide evidence to prove that you have violated the articles of association of the company system or received criminal penalties, or that you are incompetent due to insufficient work ability and are not competent after being transferred to another position, the employer will terminate the contract arbitrarily and need to pay economic compensation.

Legal analysis: It is a violation of the Labor Contract Law to work for the company for three months without signing a labor contract, and the employer can be required to pay twice the monthly salary if dismissed. If the employer and the employee agree to terminate the labor contract, they can receive economic compensation.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

First of all, an employee and an employer shall enter into a written employment contract when establishing an employment relationship.

Second, the employee may request the employer to sign an employment contract or request the employer to pay severance twice the salary from the second month to the third month as severance payment, which is applicable to fixed-term employment contracts where the employee has been employed for more than one month but less than one year. In addition, for an indefinite-term labor contract, the employee shall be paid twice the monthly salary from the date of the original conclusion to the date of written signing.

Finally, if the employer fails to pay the employee economic compensation in accordance with the above provisions, the employee has the right to request the relevant department to handle the matter in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law to protect his or her rights.

Legal basis] Article 82 of the Labor Contract Law provides 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 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.