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1. If you have not signed a labor contract for more than one year, you will be deemed to have signed an indefinite labor contract, and you can apply for arbitration to request the unit to sign an indefinite labor contract with you. 2. You can ask the employer to pay you double your salary for the second month of work and make up for social insurance. 3. If you don't want to continue to work in the unit, you can terminate the labor relationship on the grounds that the employer has not handled social insurance, and in addition to double wages and social insurance, you can also ask the employer to pay you one and a half months' salary as economic compensation.
4. It should be arbitrated in the Chaoyang District Labor Dispute Arbitration Commission.
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The employer shall pay the employee double wages as compensation, make up social insurance premiums, and pay severance severance from the second month of employment. The employer shall establish an employment relationship with the employee by entering into a written labor contract from the date of employment; 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.
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.
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 the 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 be concluded.
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Legal analysis: Provide valid proof of labor relationship and apply to the local labor department for labor arbitration. 1. If you have not signed a labor contract, you can claim double wages from the second month of work to one year.
2. If you do not pay social security, you can ask the unit to pay social security from the month of work.
Legal basis: 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 be concluded.
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1. First of all, you must collect evidence that you work in the unit to prove that you have a labor relationship with the unit, otherwise once the other party does not recognize the labor relationship, the lawsuit will be very passive, and the evidence to determine the labor relationship is: collect evidence that you work in the unit, such as work card, work card (preferably stamped with the official seal), uniforms, attendance, punch records, entry forms, business tables, bank payroll records, and the recording of calls with the unit should pay attention to clarifying the identities of both parties, video recording, Witness testimony (you can leave your job) social insurance payment records, you can also take work photos during your employment, insurance statements from the Social Security Bureau, individual income tax payment certificates printed and stamped by the local taxation bureau, temporary residence permits handled by the employer for you, work certificates issued by the employer for you on the grounds of applying for credit cards or applying for low-rent housing, documents with your name and official seal, etc.
2. Application for recognition of work-related injury: labor contract or award, diagnosis, medical records, application form, ID card, 2 sheets**.
3. Application for disability identification: work-related injury certificate, diagnosis certificate, medical records, application form, ID card, 1 **, X-ray. Claims:
Salary during the period of leave of absence, hospital meal allowance, nutrition fee, nursing fee, medical fee, secondary surgery fee, prosthetic limb fee, disability subsidy, medical subsidy for work-related injury, and disability employment subsidy. Article 17 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located. Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
The following materials shall be submitted to submit an application for determination of work-related injury:
1) Application form for determination of work-related injury;
2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;
3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate). The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee. Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time.
After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.
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If the employer has not signed a labor contract, it may defend its rights by negotiating, applying for mediation, arbitration, filing a lawsuit, etc. 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 double wages every month.
Legal basis. Article 77 of the Labor Law of the People's Republic of China.
In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit against the source mill in accordance with the law, or resolve it through negotiation.
The principles of conciliation apply to both arbitration and litigation proceedings.
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Apply for labor arbitration in a timely manner.
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If the enterprise does not sign the labor contract, it needs to compensate the employee to pay twice the monthly salary; If an enterprise violates the provisions of the Labor Contract Law of the People's Republic of China and does not 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 be concluded.
1. There is no labor contract signed with the company.
Legal consequences of failing to sign an employment contract: If an employer deliberately fails to sign an employment contract with an employee, it shall pay the employee twice the monthly salary for more than one month from the date of employment; For more than one year, the employee shall be paid twice the monthly salary from the date on which the indefinite labor contract shall be concluded; If the employee deliberately fails to sign the labor contract, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation.
2. Is it illegal for the unit not to sign a labor contract?
It is illegal for an employer not to sign a contract with an employee.
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 salary according to law on a monthly basis from the day after the expiration of one month from the date of employment to the day before the written labor contract is supplemented. If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.
According to Articles 16, 19 and 50 of the Labor Law, "an employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations. ”
According to Article 98 of the Labor Law, Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts of the Ministry of Labor, Articles 6 and 16 of the Measures for Administrative Punishment of Violation of the Labor Law of the People's Republic of China, and Articles 2 and 3 of the Measures for Compensation for Violation of the Provisions of the Labor Law on Labor Contracts, "If an employer terminates a labor contract in violation of the conditions stipulated in this Law or deliberately delays the conclusion of a labor contract, the labor administrative department shall order it to make corrections; If damage is caused to the worker, he shall be liable for compensation". "If an employer fails to terminate the labor contract in accordance with the conditions stipulated in the Labor Law or deliberately delays the conclusion of the labor contract, that is, deliberately fails to conclude the labor contract in accordance with the regulations after recruitment, causing damage to the employee, it shall compensate the employee for losses." "If the loss of the worker's wage income is caused, the worker's salary shall be paid according to the worker's own salary income, and the compensation fee shall be paid in the amount of 25% of the income due to the worker's fair sale", etc.
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Article 82 of the Labor Contract Law: If the employer is at the same time as the employee for more than one month but less than one year from the date of employment, the employer shall pay the employee twice the monthly wage. Within a "grace period" of one month, if the employer terminates the labor contract due to the employee's failure to sign a written labor contract, the employer may not pay the economic compensation, and if the employee does not sign a written labor contract and the employer terminates the labor contract, the employer shall pay the economic compensation in accordance with the law.
Legal basis: Articles 47 and 82 of the Labor Contract Law of the People's Republic of China.
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If you do not sign an employment contract, you will be compensated double the salary1. According to Article 82 of the Labor Law, "if an employer fails to conclude a written labor contract with a hungry 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". Therefore, the company should pay double wages at the time.
If the payment is not made, the employee can apply.
2. If the labor agreement is not signed, the employee can terminate the relationship at any time without being liable for compensation. If a contract is signed, according to Article 37 of the Labor Law, "the employee may notify the employer in writing 30 days in advance."
The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. "Employees are required to notify the company 30 days in advance.
According to Article 90 of the Labor Contract Law, "if an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation agreed in the labor contract, or Li Dong causes losses to the employer, he shall be liable for compensation." "The resignation of the worker may be liable for compensation.
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The company should pay compensation of twice the monthly salary of the worker who did not sign an employment contract.
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 the employer learns that the employee violates the provisions of this Law by not entering into an indefinite-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.
Legal analysis: You can apply, the company deliberately delays not signing the labor contract, and the employee should actively defend his rights and can apply for labor arbitration. 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. >>>More
Go to the labor arbitration commission to file a complaint. If the company does not sign an employment contract, it can apply for arbitration and compensate the employee for double wages. In addition, if the dismissed employee does not meet the conditions stipulated in the Labor Contract Law, he or she will also be given severance payment. >>>More
1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.; >>>More
If the company is required to write a guarantee that the accident has nothing to do with the company, this requirement has violated the labor protection clauses in the contract and is invalid. >>>More
It's to be compensated!
The Detailed Rules for the Implementation of the Labor Law provide the following in this regard: >>>More