Labor arbitration issues where the labor contract has not been signed

According to Article 82 of the Labor Contract Law, 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.

The application for arbitration of labor disputes shall be valid for one year. Depending on your situation, let's start in February this year. Now there is no expiration date. The evidence of not having signed an employment contract is sufficient. There is no written evidence to prove the bonus.

1. The statute of limitations for labor arbitration is one year, and the period of effective arbitration shall be within one year from the time when a dispute arises or it should be known that rights and interests have been damaged.

2. For the bonus promised orally, because it is difficult to grasp the evidence, it will face the inability to provide evidence and will not be supported by arbitration.

3. The Labor Contract Law stipulates that a labor contract shall be signed within one month from the date of establishment of the labor relationship, and if it is not signed, it may be required to pay double wages. You should gather evidence, including: go to the bank with your ID card and payroll card to print the payroll list; Work permits, work clothes, etc.; attendance records; Employee certificate (personal certificate); Documents with your signature and the signatures of the company's management during your work, etc.

1. The statute of limitations for labor arbitration is one year, and leaving the company in February has not expired. Second, the bonus can be found to be evidenced. 3. If the company does not sign a labor contract with you, you can claim double compensation. Fourth, you can ask for supplementary payment, or you can make up the payment by yourself after the enterprise reissued.

The labor law also stipulates that if you do not sign a labor contract for an employee for more than one month but less than one year, you can ask for double salary compensation. Evidence can be through the clock-in record or work diary, colleague certificates, pay slips, payroll bank records, etc., if you prove that you have been working for the company, the company is also obliged to provide you with evidence.

If there is no contract to apply for arbitration, Pi Hui may cause inconvenience to the proof of rights protection in the future, and she can pay attention to collecting evidence to prove the labor relationship during her work to apply for labor arbitration. The evidence required to apply for labor arbitration without a labor contract is as follows: 1. A list of social security that can be printed and stamped by the Social Security Bureau; 2. Go to the local taxation bureau to print and seal the individual income tax payment certificate; 3. Bank salary bills and salary slips; 4. Temporary residence permit, work permit, work uniform work permit, etc. handled by the employer for the employee; 5. Attendance records, entry forms, and work orders.

1. What evidence should be provided for wage deduction?

For the employer's arrears of wages, the employee should pay attention to the main evidence to be collected before defending his or her rights: 1. Evidence that can prove the existence of an employment relationship. 2. Evidence that can prove wage arrears.

Specifically, it includes a work permit or work card (preferably stamped with an official seal), tooling with the name of the company, a brief copy of the individual income tax payment certificate printed and stamped by the local taxation bureau, a temporary residence permit handled by the employer for the employee, attendance records, social insurance payment records, work orders, colleague testimonies (can be used if you leave the job), salary card transaction records, salary slips or audio and video recordings of the person in charge of the company, etc., and it is best if you can try to obtain a certificate of arrears of wages directly issued by the unit. In the case of wage arrears by the employer, the employee can generally prove the employment relationship and make corresponding claims, and the specific wage composition, the facts of the arrears and the amount of arrears are generally provided by the employer. The Interim Provisions on Payment of Wages stipulate that an employer must record in writing the amount and time of payment of wages to employees, the name and signature of the recipient, and keep it for at least two years for future reference.

This shows that the employer is obliged to keep the proof of the wages paid, and the employee is generally unlikely to have evidence of the non-payment of wages, and when the employee submits evidence that the employee has fulfilled the labor obligation and makes a claim for recourse to the arrears of wages, if the employer cannot provide evidence to prove that the employee has paid the wages, it should determine the fact of the non-payment of wages and support the employee's claim.

2. What should I do if I don't pay my wages after resignation?

If the wages are withheld after resignation, the employee may apply for labor arbitration. The employer is required to pay arrears of wages, deposits, severance payments, double wages for unsigned labor contracts, overtime wages, etc. The statute of limitations for labor arbitration is one year from the date of resignation.

In the event of a labor dispute, it is crucial to have evidence to prove the employment relationship, such as work permit or work card, salary card transaction records, pay 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 testimony, audio and video recordings, or other written materials with your name and official seal or the boss's signature.

Article 10 of the Labor Contract Law of the People's Republic of China stipulates that 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.

If the labor contract has not been signed, the applicant may apply for arbitration with other evidence that can prove the existence of an employment relationship with the employer

1. Application registration form, employment registration form, employment notice, interview notification SMS, etc.;

2. Work clothes, access cards, brands, work permits, technical certificates, professional certificates and other documents that can prove the identity of the job;

3. Payroll, salary income certificate, social insurance record, enterprise annuity certificate, housing provident fund or other salary payment records, etc.;

4. Punch-in records, attendance records, overtime notices, etc.;

5. Testimony of other workers;

6. Publish the company's internal publications or the company's ** reports on their own deeds;

7. Work records, purchase contracts, sales contracts, and customer business records signed on behalf of the company;

8. Job description signed by the company, salary confirmation office file, transfer notice, and termination notice;

9. The honorary certificate, award, punishment notice, and trade union membership certificate issued by the company or the Gongsheng Wax Division Labor Union for which I am a party;

10. Emails, chat records, and SMS records of work arrangements;

11. Audio and video recordings of conversations and work with company leaders;

12. Financial loan slips, reimbursement vouchers, etc.

Legal basisArticle 39 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

If the evidence provided by the parties is found to be true, the arbitral tribunal shall take it as the basis for determining the facts.

If the employee is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitral tribunal may require the employer to provide such evidence within a specified time limit. If the employer fails to provide such information within the specified time limit, it shall bear the adverse consequences.

Legal analysis: If there is no contract to apply for arbitration, it may bring inconvenience to the presentation of evidence for rights protection in the future, and you can pay attention to collecting evidence to prove the employment relationship between bridge and land during the work period to apply for labor arbitration. The evidence required to apply for labor arbitration without an employment contract is as follows:

1. A list of social security that can be printed and stamped by the Social Security Bureau; 2. Go to the local taxation bureau to print and seal the individual income tax payment certificate; 3. Bank salary bills and salary slips; 4. Temporary residence permit, work permit, work uniform work permit, etc. handled by the employer for the employee; 5. Attendance records, entry forms, and work orders. 6. Witness testimony of the worker at the same time.

The law is based on the Labor Contract Law of the People's Republic of China

Article 14 Where an employer does not conclude a written labor contract with a worker within one year from the date of employment, it shall be deemed that the employer and the worker have concluded an indefinite labor contract.

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.

Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 27 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 limitation period for arbitration shall be recalculated.

Where 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 legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

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.

Legal analysis: If there is no contract to apply for arbitration, it may bring inconvenience to the proof of rights protection in the future, so you can pay attention to collecting evidence to prove the labor relationship during your work and apply for labor arbitration. The evidence required to apply for labor arbitration without an employment contract is as follows:

1. A list of social security that can be printed and stamped by the Social Security Bureau; 2. Go to the local taxation bureau to print and seal the individual income tax payment certificate; 3. Bank salary bills and salary slips;

4. Temporary residence permit, work permit, work uniform work permit, etc. handled by the employer for the employee; 5. Attendance records, entry forms, and work orders. 6. Witness testimony of the same time as the worker's acquaintance.

Legal basis: Article 5 of the Labor Dispute Arbitration Law of the People's Republic of China.

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, or fails to perform the mediation agreement after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; Except as otherwise provided in this Law, a person who is dissatisfied with an arbitral award may file a lawsuit in the people's court.