The company didn t sign a contract, signed a study agreement, and what should I do if I want to resi

If you are sure that the company has not signed a labor contract with you and has not paid social insurance, then you do not need to bear any liability for breach of contract if you propose to terminate the labor relationship, and you can also claim the following requirements.

If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the number of hours worked, the monthly salary, etc., the employer can prove it by using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed. If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

Look at me above, and only after finding the content involved in the title of the book can you fully understand what I mean.

My Space has the legal provisions mentioned above, which you can check out.

It is possible to resign, but the company's claim needs to be compensated in accordance with the agreement. With your signature, you agreed to such an agreement at that time, regretting that the medicine could not be bought.

First of all, the employee can resign without reason by giving 30 days' notice to the employer.

Second, you have not signed an employment contract, so there is no employment relationship with the employer. The training agreement can only take effect if the employment relationship exists, and if there is no labor contract term, there is no service period, let alone compensation.

Third, if the employer does not sign an employment contract with the employee for more than one month but less than one year, it must pay the employee twice the monthly wage, starting from the day after the expiration of one month from the date of employment and ending on the day before the patched written employment contract. If your company does not sign a contract with you for more than a year, then your contract can be considered an indefinite term employment contract, and the company must also pay you double wages for 11 months.

If an employee resigns without a labor contract, as long as both parties reach an agreement, then the employee can leave the company at any time without being subject to the 30-day limit; If the employee resigns 30 days in advance, the employment relationship can be terminated as long as the time expires, regardless of whether the employer agrees or not.

1. What should I do if an employee resigns without signing a labor contract?

1. The employee and the unit resign by consensus. In addition, after the two parties reach an agreement, the employee can leave at any time without the 30-day time limit.

2. Employees notify the unit 30 days in advance. If the employee and the employer do not negotiate or do not agree with the employer, the employee may notify the employer in writing 30 days in advance, and regardless of whether the employer agrees to resign, as long as the notice is given in this way, the employee may resign.

Please note that employees who notify their employers in writing, verbally or by other means will be affected.

3. The employee resigns immediately. If the employer forces the employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the unit violates the command of Chapter 1 or forces the employee to perform risky work or even endangers the personal safety of the employee, then the employee may immediately resign without negotiation or notice.

2. What compensation will I receive if I leave my job without signing a labor contract?

The employer may be required to pay severance and double wages for those who have not signed a labor contract: severance compensation shall be paid to the employee one month's salary for each full year of the employee's service in the employer (one month for six months and less than one year, and half a month for less than six months). The double salary without a labor contract shall be calculated at twice the monthly wage standard from the second month of employment of the employee (the calculation time shall not exceed 12 months), and the payment shall be subtracted from the salary paid by the company during this period.

In addition, the company can also claim through legal procedures that the company should pay the social insurance premiums for the duration of the employment relationship.

3. If I have not signed a labor contract, I need to inform my employer how many days in advance when I leave my job?

The company shall sign a written labor contract with the employee within one month from the employee's employment, and if no written labor contract is signed, the employee shall be paid double wages from the second month.

During the probationary period, the employee can submit the resignation in writing 3 days in advance, and if the probationary period is over, the employee should submit the resignation in writing 30 days in advance.

To sum up, if the employer and the employee have not signed a contract, as long as the employee voluntarily resigns, there will not be any financial compensation, but when the employee leaves the company, he can choose to negotiate with the employer, or he can notify the employer in writing 30 days in advance, as long as the two parties negotiate well and there is no economic dispute, then the relationship between the two parties can be handled.

Legal Analysis: The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. If the employer does not sign a labor contract with the employee, the employer is in violation of the provisions of the Labor Contract Law, and the employee may request the employer to pay compensation, and if the company fails to pay, the employee may apply to the human resources and social security bureau where the employer is located for labor arbitration and demand the employer to pay.

Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract if the employer falls under any of the following circumstances:

1) Failure to provide labor protection or labor conditions in accordance with the provisions of the labor contract;

2) Failure to prepare for timely and full payment of labor remuneration;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law;

6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Legal Analysis: If there is no written labor contract, it is an abnormal labor relationship. The employee can terminate the employment relationship at any time without having to terminate the employment relationship 30 days in advance.

If the employer fails to provide labor protection or working conditions in accordance with the provisions of the labor contract, and fails to pay social insurance premiums for the employee in accordance with the law, the employee may terminate the labor relationship at any time. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year, it shall pay the employee twice the monthly wage.

Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China: If an employer falls under any of the following circumstances, the employer may terminate the labor contract:

1. Failure to provide labor protection or working conditions in accordance with the labor contract;

2. Failure to pay labor remuneration in full and in a timely manner;

3. Failure to pay social insurance premiums for workers in accordance with the law.

If the company resigns without signing a contract, you can submit a resignation report and leave at any time.

If the company has not signed a labor contract with the employee, the employee can submit a resignation report and leave the company at any time, and the company cannot withhold wages on this basis, and shall settle all arrears of wages and overtime wages. If the company refuses to settle the settlement, it may apply for a labor settlement and hardship arbitration.

Arbitration refers to the act of submitting a dispute to a neutral third party outside the dispute, who mediates and adjudicates the dispute between the parties. According to the different applicable objects, arbitration can be divided into civil and commercial arbitration, maritime arbitration, international dispute arbitration, etc. Labor dispute arbitration is a type of arbitration system that aims to resolve labor disputes.

Labor dispute arbitration not only has some common characteristics of arbitration systems, but also has its particularities.

Legal basis

Labor Contract Law of the People's Republic of China

Article 20 Salary during the probationary period.

The salary of the employee during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located. Article 28 Payment of labor remuneration after the invalidity of the labor contract.

If the labor contract is confirmed to be invalid and the employee has already paid the labor, the employer shall pay the labor remuneration to the employee. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the unit. Article 30 Remuneration for labor.

The employer shall, in accordance with the provisions of the labor contract and state regulations, pay the labor remuneration to the employee in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the People's Court shall issue a payment order in accordance with the law. Article 85: Legal liability for failure to pay labor remuneration or economic compensation in accordance with law.

In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.