Is it considered an employment relationship to help a private boss do indefinite work without signin

Not at all unprotected.

Calculations, proof of employment, salary card, workplace can prove that you are his employee.

Legal Analysis: Negotiation first, negotiation cannot be resolved through arbitration or litigation. If a private employer can leave the company at any time, the arrears of wages can be resolved through negotiation, which cannot be resolved through arbitration or litigation.

Even if there is no labor contract, the worker is compensated for double wages. If the employer is in arrears of wages, the employee can deal with it through the following channels: if the fact of wage arrears is confirmed, he or she may first file a complaint or report to the local labor inspection brigade and request that it be dealt with in accordance with the law; If the employer still fails to pay within the time limit after the labor inspection brigade has made the payment, it may report to the police to investigate the criminal responsibility of the boss in accordance with the law.

Legal basis: Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

If a private 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, he shall pay the employee twice the monthly wage.

Article 82 of the Labor Contract Law of the People's Republic of China 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.

Regarding the above questions, the answers are as follows: What I gave about working in a private boss without signing a labor contract and owing wages is that wages should be paid in accordance with the contract, including basic salary, bonuses, allowances, commissions and other expenses. If it is illegal to default on or withhold wages, you can demand full payment and pay 25% of the arrears in financial compensation.

More than 15 days after the salary payment date agreed in the contract is considered arrears. It is illegal not to sign an employment contract, and you can ask the employer to pay double wages for up to 11 months. In terms of evidence, it is sufficient to prove the labor relationship, such as pay slips, punch-in records, simple old tooling, work information, colleague testimony, etc.

Article 79 of the Labor Law provides that after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Legal Analysis: The employee can apply for labor arbitration and require the employer to pay double wages for the unsigned labor contract and the wages owed. How to Apply for Labor Arbitration:

1. Go to the labor dispute adjudication committee of the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and when filing the case, you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing). 2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then the court will be held, and then the two of you will be mediated, and the arbitration committee will issue an award if the mediation fails; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court; 3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

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. A 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.

If the employer deducts wages, the worker may file a complaint with the local labor inspection department. The law stipulates that wages shall be paid to the worker on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

1. Is it legal to be in arrears of wages for the first month?

It is not legal to hold back wages for the first month. Wages shall be paid to the worker on a monthly basis, and wages shall not be deducted or owed to the worker without reason. If the employer has deducted or defaulted on wages, the employee may report and complain to the local labor inspection brigade with jurisdiction to demand the arrears of wages.

2. How to deal with the arrears of wages owed by the boss of a private enterprise?

The owner of a private company owes wages and can ask for wages in the following ways: negotiate with the boss; apply for mediation with a mediation organization; lodge a complaint with the labor administrative department; Apply to the Labor Dispute Arbitration Commission for arbitration; Directly request a payment order from the people's court; Other. Wages shall be paid to the worker in monetary form on a monthly basis.

Wages shall not be deducted or unjustifiably delayed.

3. A few days are counted as arrears of wages.

Thirty days in arrears of wages is considered non-payment. The law stipulates that wages shall be paid to the worker in monetary form on a monthly basis. The employer shall settle the wages within 30 days after the end of the natural month, and more than 30 days shall constitute wage arrears.

"Monthly payment" means that wages should be paid in the form of monthly salaries, and also that wages should be paid monthly.

Article 91 of the Labor Law stipulates that if an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the administrative department shall order the employee to pay the employee's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

(3) Paying wages to workers lower than the local minimum wage standard.

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

The company shall sign a written labor contract with the employee within one month from the employee's employment, 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.

First of all, you must have sufficient evidence to prove the employment relationship between you and the duration of the labor relationship, preferably on a written basis. The second is not to go to the court, but to apply for arbitration at the district-level labor bureau where the company is located, and then apply to the court for enforcement after the arbitration results are obtained.

The right to apply for arbitration for compensation.

Zongheng Legal Network-Sichuan Gaoyang Law Firm-Lawyer Yu Yuanjun.

Hello, according to the "Labor Contract Law" and related laws and regulations, the employer's behavior is illegal, you can ask the employer to pay you at least 11 months of double wages, and you can ask the other party to apply for insurance for you, you can also ask for economic compensation, if you have overtime, you can also ask for overtime pay. As for what evidence is required, it is necessary to analyze the specific issues on a case-by-case basis, and it is recommended that it is appropriate to consult a lawyer in person.

Zongheng Legal Network-Sichuan Law Firm-Lawyer Wang Dayong.

For labor disputes, apply to the labor arbitration commission for labor arbitration first, and then file a lawsuit if you are not satisfied with the arbitration. According to your description, you can get compensation, but you need to find proof of the existence of an employment relationship with the employer.

There is no need to sue, you can go to labor arbitration, not to mention anything else, it is illegal to not pay the three insurances, and the private company will be punished, and then the company will take the initiative to find you to solve it. Evidence, there is a unit sign-in form, there is a salary payment form, and there are so many people in the company who can prove that you have been working in this company, I hope these can help you.

Mainly small factories and small companies in the south generally do not give insurance, which is equivalent to the acquiescence of both parties, and they are directly paid into the salary, and you have to pay it yourself. If the landlord does not plan to continue to work in that place, he can go to sue or arbitrate, or look at the people around him, whether you have no insurance or no, if you don't have it, you can join forces to discuss it with your boss.

The landlord told the truth, whether it was ancient or modern, the lawsuit has always been fifty boards for each side, and no one wants to take advantage of it, and it is good if there is no delay.