The company did not sign the labor contract and applied for labor arbitration, what if the company d

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.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China 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.

Employees who have not signed an employment contract should prepare evidence to prove the existence of an employment relationship with the company. For example: bank transfer records of salary cards, attendance records, witness statements of colleagues, social insurance payment records, badges, access control cards, work cards, etc.

Go to the local labor dispute arbitration commission and submit a written application for arbitration, and the labor dispute arbitration commission will make a decision on acceptance or non-acceptance within five days.

Legal basis: Article 28 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

The claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

Article 29.

Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, it shall accept it and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.

If there is no labor contract, you can apply for arbitration, but if you apply for arbitration without a contract, it may bring inconvenience to the proof of rights protection in the future.

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 workers, etc.

Legal basis: Article 5 of the Labor Dispute Mediation and 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, 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.

The parties shall perform on legally effective mediation documents or rulings within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.

If the labor arbitration has already been passed, the labor arbitration conclusion of the labor inspection department, if the company does not perform, the employee can go to the court and directly apply to the court to enforce the labor arbitration.

The company has not signed a labor contract and wants to apply for arbitration, but the company refuses to enforce it, you can sue the court, and the court will enforce it according to the actual situation to protect your rights.

If the company does not enforce the compensation, the labor arbitration department will force him to do so. If your application for arbitration is successful, there is a labor department to help you with the part you want to respond to.

If the arbitral award is effective and the company does not enforce it, it can apply to the court for enforcement.

The company has violated the provisions of Article 10 of the Labor Contract Law and infringed upon the legitimate rights and interests of the employee by failing to sign the labor contract, and shall bear the legal responsibility of paying twice the salary stipulated in Article 82, which shall be calculated from the day after the completion of one month of work, but shall not exceed 11 months.

It is a labor dispute and can be resolved by applying for labor arbitration.

After winning the labor arbitration award, if the company does not enforce it, it may apply to the people's court for compulsory enforcement.

The company must sign a labor contract to hire employees, in which case the company is illegal, and can apply for labor arbitration or court litigation, and the company does not dare not implement the arbitration.

If the company does not enforce the indemnification. Then you can go to the labor arbitration commission to apply for enforcement.

At this time, your company's bank account will be frozen, and if there is money in the account, the salary will be transferred directly to your account.

The company did not sign a labor contract and applied for arbitration, if the company did not execute, it would sell the company's property and discount the fight into ** compensation.

The company did not sign the labor contract and applied for labor arbitration, what if the company did not enforce the compensationIf the company loses the lawsuit, it is not okay not to compensate, this is the law, not the law that everyone speaks is efficient.

If the company does not sign a labor contract and applies for labor arbitration, if the compensation is not enforced, then you should be able to appeal, and this should be able to sue for compensation, which I think should be more reasonable.

The company did not sign the labor contract and applied for labor arbitration, what if the company did not enforce the compensation? That is impossible, if the labor contract is not signed, the contract applies for labor arbitration, the labor arbitration has been resolved, and the company does not implement it, that is not possible, according to the law.

If your application for labor arbitration is successful and the company refuses to enforce it, you can of course apply to the court for an enforcement order to resolve the issue.

Since you haven't signed a contract, if you don't enforce the compensation in the company, you can't do anything, because you haven't signed a husband contract with him, which is not protected by the law.

If this is the case, the only way to do so is to continue to sue in court and go through the legal process.

If the labor contract is not signed, the salary will be doubled from the second month, and the compensation will be up to 11 months, and the labor department will complain **12333.

1.How to apply for labor arbitration without signing a contract?

1.If you have not signed a labor contract, you can apply for labor arbitration as follows:

1) Submit an application;

2) If the arbitration is accepted, the arbitration commission shall make a decision on whether to accept or not to accept the arbitration within five days from the date of receipt of the application for arbitration;

3) In the case of hearing, the arbitral tribunal shall notify the parties in writing of the date and place of the hearing five days in advance;

4) In the case of arbitration, labor disputes should be mediated first, and on the basis of ascertaining the facts, the parties should be urged to reach an agreement voluntarily;

5) Arbitral award: The arbitral tribunal shall make an award on the labor dispute case within 45 days from the date of acceptance of the arbitration application by the labor arbitration commission.

2.Legal basis: Article 46 of the Law of the People's Republic of China on the Removal of Labor Branches.

The distribution of wages should follow the principles of equal work and equal pay for equal work.

The level of wages has been gradually raised on the basis of economic development. Macroeconomic regulation and control should be carried out on the total wages of the whole country.

Article 47.

Employers shall, in accordance with the characteristics of their production and operation and economic benefits, independently determine their wage distribution methods and wage levels in accordance with the law.

If the company has not signed a labor contract, it may first apply for arbitration confirming the labor relationship, and after the confirmation is completed, it can apply to the labor arbitration commission for other labor dispute arbitration in the form of a written report of the labor arbitration and submit an arbitration award confirming the labor relationship arbitration.

[Legal basis].Article 2 of the Law on Mediation and Arbitration of Labor Disputes.

This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

What should I do if I am arbitrated without signing a labor contract1In the absence of a labor contract, as long as there are materials that can prove the employment relationship between the two parties, in the case of a dispute in the labor relationship, you can still apply to the arbitration department for labor arbitration to resolve the dispute. 2.

Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that 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 arbitration limitation period is 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. How to apply for labor arbitration if the company has not signed a labor contractArticle 14 of the Labor Contract Law of the People's Republic of China provides that a labor contract without a fixed payment period refers to a labor contract that has no definite termination time agreed between the employer and the employee. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

If a labor dispute arises between an employer and an employee, the labor arbitration commission shall accept the dispute as long as there is a de facto labor relationship and it is within the scope of acceptance, regardless of whether the labor contract has been signed or not. Therefore, the employment contract should be accepted even if it is not certified.

1. How to litigate in law without a contract.

As long as there is a de facto labor relationship, after the occurrence of a labor dispute, you can apply to the labor arbitration commission for arbitration, and if you are not satisfied with the arbitration result, you can file a civil lawsuit in the court. A labor contract shall be signed to establish an employment relationship, otherwise the employer shall pay twice the monthly salary to the employee. The documents that can prove the labor relationship include wage payment vouchers or records (employee payslips), records of payment of various social insurance premiums, and "work permits" and "service certificates" issued by the employer to the employees.

Second, if you don't sign a contract, how can you sue him?

If you do not sign an employment contract, you will be allowed to sign a labor contract, and signing a labor contract is a legal obligation that the employer must perform at a loss. If the company does not sign the labor contract, the parties shall bring the civil complaint and some evidence to the court to submit the lawsuit. This court will make a certain decision on whether or not to accept the case in a vacant case.

If no labor contract has been signed, the employee may apply to the labor arbitration commission for labor arbitration, and if he is not satisfied with the labor arbitration award, he may file a lawsuit with the people's court.

3. Is it considered a work-related injury if you are injured while working on a construction site but you have not signed a contract?

Therefore, if an injury is injured on a construction site, as long as it is a work-related injury, regardless of whether a labor contract is signed, insurance compensation should be made in accordance with the work-related injury insurance regulations. However, if no employment contract is signed, there may be a problem in practice, that is, the employer denies the employment relationship. Then, if you want to obtain work-related injury compensation, you must first determine the existence of an employment relationship between the two parties through labor arbitration, which is a prerequisite for determining work-related injuries.

According to Article 2 of the Law on Mediation and Arbitration of Labor Disputes, this Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.