Labor disputes without a labor contract

If the employer has not signed a labor contract with the employee and a labor dispute arises, the employee may apply for labor arbitration and require the employer to pay the arrears of wages, deposits, severance payments, and double wages for unsigned labor contracts (starting from the second month of employment and up to 11 months).

Labor Contract Law

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the 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.

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 company's request is not legitimate, and in principle, if it is not intentional on your part, it should not be compensated by you. If the negotiation fails, they can apply for labor arbitration to protect their rights.

Lawyer Zhou Bin of Jiangsu.

Labor disputes arising from failure to sign labor contracts The employer violated the Labor Contract Law, which came into effect on January 1, 2008, and infringed upon the legitimate rights and interests of employees. The unit did not pay labor insurance The unit violated the "Interim Regulations on the Collection and Payment of Social Insurance Premiums" and infringed upon the rights and interests of employees to enjoy statutory benefits. I don't understand what the unit says if it doesn't pay itself, and it stands to reason that it should be withheld and paid by the unit???

Now I have been dismissed by the employer, I have worked in the unit for 9 years, does the reason for dismissal meet the statutory reasons in Article 14 of the Regulations for the Implementation of the Labor Contract Law? Otherwise, it is the employer that illegally terminates the labor relationship. How should the unit compensate for economic compensation and how much should be compensated If the unit has violated the above violations, the unit shall pay double the economic compensation, and the total amount is:

Your monthly salary 9 months 2 times I should go there to protect my rights and interests With the evidence of your labor relationship with the unit (such as work cards, pay stubs, attendance sheets, etc.), go to the local labor arbitration commission to apply for labor arbitration, who to apply for, will the application be successful As long as you can prove that there is a labor relationship between the two parties and the unit has illegal acts, the application for arbitration will be successful, and if you do not protect your legitimate rights and interests, then no one can help you. Of course, before you go to arbitration, it is best to consult a friend who understands the law in detail, and it is better to find a lawyer**. I wish you success in defending your rights!!

Typing is not easy, such as satisfaction, hope.

Legal analysis: Labor disputes arising without signing a labor contract can be resolved through negotiation between the two parties, and the employee can also apply to the relevant authorities for arbitration or file a lawsuit with the people's court.

1. In the event of a dispute between the employee and the employer, the parties may resolve it through negotiation and handle it on their own.

2. If a labor dispute arises without signing a labor contract, the worker may apply to the labor dispute arbitration commission at the place where the employer is located, and the relevant institution shall accept it. If no labor contract has been signed, evidence should be provided to prove that there is a labor relationship between the employee and the employer. If the worker is not satisfied with the decision of the arbitration commission, he may file a lawsuit with the people's court.

Legal basis: Article 5 of the Labor Dispute Mediation and Arbitration Law In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching an agreement with Yanxiao, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal analysis: In the case of labor disputes without signing a labor contract for loss, as long as it can be proved that there is a labor relationship, a complaint can also be filed with the labor administrative department to resolve the labor dispute.

Legal basis: 1. Article 9 of the Law on Mediation and Arbitration of Labor Disputes, if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the elderly worker may file a complaint with the labor administrative department, which shall deal with it in accordance with the law.

In the absence of a labor contract, if a dispute with the employer cannot be reached through negotiation, and a dispute arises between the employee and the employer over whether there is a de facto labor relationship, the employee has the right to apply to the local labor dispute arbitration commission for labor arbitration. Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If the location of the employer and the place of performance of the labor contract are not in the same place, the place of performance of the labor contract shall be preferred.

Legal basis] Article 82 of the Labor Contract Law 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 salary for each calendar month from the date on which the indefinite-term labor contract should have been concluded.

Failure to sign an employment contract will have the following consequences: the employer needs to bear the responsibility for not signing the employment contract, and even if the employment contract is subsequently signed, it cannot be exempted from the liability for not signing the employment contract. In the case of a labor dispute without signing an employment contract, it is usually necessary to provide other evidence to prove the de facto employment relationship between the employee and the employer.

If the employer and the employee fail to sign the labor contract within one month, they do not need to pay compensation for this, and the signing of the labor contract within one month is the legal time limit for the employer and the employee to negotiate and sign the labor contract as stipulated in the Labor Contract Law. If the employer does not sign the labor contract with the employee for more than one month, the employer is in violation of the provisions of the Labor Contract Law, and the employee may terminate the labor contract in accordance with Article 38 of the Labor Contract Law and require the employer to pay compensation. If a written labor contract has not been concluded with the employee for more than one month but less than one year from the date of employment, the employee may request that the employee be paid twice the monthly salary from the second month.

If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law from the day after the expiration of one month from the date of employment to the day before the expiration of one year. 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.

Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations (2) If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties: (1) Wage payment vouchers or records (employee wage payment roster) and records of payment of social insurance premiums for each concession and filial piety; (2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity; (3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the worker; (4) Attendance records; (5) Testimony of other workers, etc.