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1- The employer can be required to sign a labor contract, and if it does not sign the labor contract, it will bear the corresponding legal responsibility.
2- The employer shall conclude a written labor contract within one month from the date of employment. 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.
3- Legal basis: Labor Contract Law of the People's Republic of China
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 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.
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This is not easy to solve, and if you can't get your salary, you may have to go to the labor bureau to find them.
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Legal analysis: If the labor relationship has not signed a contract, whether to compensate for the termination of the labor relationship depends on whether the parties have an agreement, and if there is no agreement, no compensation is required.
Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract is agreed upon by the parties, and generally includes the following clauses:
1) The names and addresses of the parties.
b) Subject matter. iii) Quantity.
4) Quality. 5) Price or remuneration.
6) The time limit, place and method of performance.
7) Liability for breach of contract.
8) Methods of Dispute Resolution.
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First of all, when the employer recruits a worker, it should truthfully inform the worker of the work content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it. Article 9 When recruiting a worker, an employer shall not seize the worker's resident identity card or other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in the name of Chi Zheng or other names. If you are unclear about the handling of the situation, you can consult a lawyer to define it.
Labor Law of the People's Republic of China Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations. Article 17 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.
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It depends: its.
1. If the labor contract is an expression of the true intention of both parties and the content of the contract is legal, the contract has legal effect; That.
2. If the above circumstances are not met, the labor contract shall have no legal effect. Article 146 of the Civil Code stipulates that civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.
Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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 or 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 provided for by laws and regulations.