If the enterprise goes bankrupt without signing a labor contract, can the employee be compensated ac

Without signing a contract, it's hard to die.

Legal analysis: If the company goes bankrupt and the employee fails to sign the contract, he shall be compensated twice the salary of the unsigned contract and the severance payment for the termination of the labor contract due to the company's bankruptcy. If the company goes bankrupt, the worker must also be compensated financially.

If the company does not pay, it is recommended to report to the Employment Bureau and the Arbitration Commission as soon as possible, and apply for double wages and economic compensation in accordance with the provisions of the Labor Contract Law.

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, honesty, trustworthiness and envy. 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 enter into a labor contract before employment, the labor 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.

The employee has not been in the company for a long time, or the company has not signed a contract with the employee in accordance with the relevant provisions of the labor law, resulting in the employee not signing the labor contract. Later, the company was going to close down due to business problems, and at this time, the workers were worried about the problem of compensation, that is, the question of how to compensate the employees if the company failed to sign the contract, and the following is a detailed answer for you.

1. How to compensate employees for the company's failure to sign a contract

1. The company shall pay the arrears of wages and double wages for the period when the labor contract has not been signed. Employees can also collect evidence of labor relations, such as the payment of wages, and receive economic compensation.

2. Legal basis: Labor Contract Law

Article 47.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

3. Legal basis: Labor Contract Law

Article 48.

If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, if the employee does not request to continue to perform the labor contract or the labor contract cannot be continued to perform, the employer shall pay compensation, and if the negotiation with the company fails, the employer may apply for labor arbitration.

2. Methods for protecting workers' rights

1. Prepare evidence to prove the existence of a de facto labor relationship with the employer, any wage payment vouchers or records, and records of payment of various social insurance premiums; or have a "work permit", "service certificate" and other documents that can prove the identity issued by the employer to the employee; Recruitment records such as the "registration form" and "registration form" filled in by the employee; attendance records; The testimony and other evidence of other workers can be used as proof to determine the existence of an employment relationship between the two parties.

2. Rights protection process: negotiation between the two parties Labor arbitration If the employee files a lawsuit, he or she can negotiate with the employer in accordance with the law, and if the negotiation fails, he can provide evidence to file labor arbitration with the labor department, and if the arbitration result is not satisfied, he can file a lawsuit with the court. Litigation is the last resort to protect rights, and if the worker has been able to solve the problem in the first two ways, then there is no need to litigate.

3. It is illegal for the employer not to sign a labor contract with the employee, and the employee must learn to take up the law to protect his legal rights when he is dismissed without signing the labor contract.

For employees, the impact of not signing a contract with the company is their own rights and interests, and it is recommended that it is best to fight for relevant rights and interests for themselves. The above is the relevant knowledge compiled for you, I hope the above content can be helpful to you, if you have other questions, you can click the button below to consult a professional lawyer.

If the labor contract has not expired and the company goes bankrupt, how to compensate? The employer shall pay the employee one month's salary for each year of service in the company. Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China shall terminate the labor contract if there is any of the following circumstances:

1) Regret upon expiration of the labor contract; (2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule; (6) Other situations where laws and administrative regulations lack provisions.

1. It should be from one month to the end of the company's closure without signing a labor contract and double the salary; 2. If the company is about to go bankrupt with one month's written notice, it shall pay economic compensation; If the company fails to notify the employee in writing one month in advance, it shall pay compensation for illegal termination of the labor contract, which shall be equivalent to twice the amount of the severance payment. Legal basis: Article 41 of the Labor Contract Law In any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the personnel reduction plan may be reduced after reporting to the labor administrative department

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law; (2) Serious difficulties occur in production and operation; (3) After the labor contract is changed, the personnel of the bridge tremor enterprise is still required to be laid off after the change of production, major technological innovation or adjustment of business mode; (4) Other situations in which the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based at the time of the conclusion of the labor contract.