I have worked in the private sector for 2 years and have never signed a labor contract

If the employee has worked in a private enterprise for 2 years and has not signed a labor contract, the employee can ask the employer to pay 2 months of double wages if he or she leaves the company according to the normal process.

If the employer fails to sign a labor contract with the employee, the employer violates the provisions of the Labor Contract Law, and the employee may apply to the Human Resources and Social Security Bureau where the employer is located for labor arbitration and request the employer to pay compensation.

If the employee does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed to have signed an indefinite labor contract, and the employer shall unilaterally terminate the labor contract, and if the employee is not at fault, the employer shall terminate the labor contract in violation of regulations and shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47.

Labor Contract Law

Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

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.

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.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

At present, most places do not support double pay for more than 11 months, and support for up to 11 months. If the company dismisses you illegally, you will also have to pay double the amount of compensation, social security and other statutory matters. Anyway, applying for labor arbitration is free, and you ask for double wages from May 2010 to the present.

Please speed, the statute of limitations for arbitration is one year.

Legal analysis: If you have not signed a labor contract after two years of work, you are deemed to have signed an indefinite labor contract with the employee, and you should immediately make up a written labor contract with the employee.

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

Article 3 The conclusion of a labor contract shall comply with the principles of legality, fairness, equality, voluntariness, consensus, and good faith. 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 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 conclude a labor contract before employment, the employment 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.

Legal analysis: If you have worked in the company for two years and have not signed a labor contract, as long as there is a bad and prudent labor relationship, it is recommended to deal with it by labor arbitration. 1.

The arbitration commission must have an application from the parties to handle labor dispute cases. 2.A party applying to CIETAC for arbitration must submit a written application.

Within five days after receiving the arbitration application, if it finds that the conditions for acceptance are met, the arbitration commission shall accept it and notify the applicant. 3.The arbitral tribunal shall be formed within 7 days from the date of filing the case, investigate and collect evidence, and draw up an arbitration plan.

Notify both parties five days in advance, and notify both parties in writing of the date and place. Declare the hail slag arbitration award and prepare the arbitration award.

Legal basis: Article 10 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes In the event of a labor dispute, the parties may apply for mediation to the following mediation organizations: (1) the enterprise labor dispute mediation committee; (2) Basic-level people's mediation organizations established in accordance with law; (3) Organizations established in townships and neighborhoods with labor dispute mediation functions.

The enterprise labor dispute mediation committee is composed of employee representatives and enterprise representatives. Employee representatives shall be appointed by members of the trade union or elected by all employees, and enterprise representatives shall be designated by the person in charge of the enterprise. The director of the enterprise labor dispute mediation committee shall be a member of the trade union or a person nominated by both parties.

1. The company has not signed a labor contract, and the employee has been working for more than ten years?

1. The company has not signed a labor contract, and employees who have worked for more than ten years can solve their problems by complaining and reporting. If the employer does not sign a written labor contract with the employee within one year from the date of employment, it shall be deemed to have signed an indefinite labor contract with the employee.

2. The declaration and payment of social insurance premiums is a mandatory provision of laws and regulations, and the employer may be required to pay social insurance premiums.

3. When the employer terminates the labor contract with the employer due to the employer's failure to pay social security premiums for the employee in accordance with the law, the employer may be required to pay economic compensation. If he has worked for the employer for 10 years, he may be required to pay severance payments of 10 months of double wages.

2. Can the company resign immediately if it has not signed a labor contract?

The company can resign immediately without signing an employment contract, which means that the employee can terminate the employment relationship at any time without 30 days in advance.

An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The labor contract is legally binding and the parties must fulfill their obligations under the labor contract.

Resignation refers to the labor law system in which an employee leaves his or her former position and employer. There are two situations, one is resignation and recuperation, resignation to study in school, and leave without pay, and this resignation does not terminate the labor legal relationship. The other is that the employee himself requests to resign and is approved by the employer, is dismissed by the unit, or voluntarily resigns, etc., and such resignation terminates the labor legal relationship.

Employees who leave the company are entitled to different benefits according to different circumstances.

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 shall be paid twice the monthly wage.

Clause. 1. If the company does not pay social security, it can request to pay social security. Clause.

2. If the company has not signed a contract, it is also illegal, and the company can be required to pay double the salary without signing a written labor contract. The arbitration upholds 11 months of double wages, and the court can uphold 2 years of double wages. Clause.

3. If the company terminates the labor contract in violation of the law, it will also have to bear the compensation, and the standard of compensation shall be twice the economic compensation. If the employee resigns due to the illegal act of the employer, he can request the employer to pay severance and pay one month's salary for one year. Clause.

4. If you have worked in the company for one year, the company will also pay unemployment insurance money and annual leave wages. Clause.

5. If the company has overtime work, it must pay overtime wages and additional compensation according to the statutory standards. Clause.

6. If the company deducts wages, it shall also pay wages in full and pay additional compensation.