Failure to sign an employment contract resignation salary

Decree of the Beijing Municipal People's Government ("Beijing Labor Contract Regulations"):

Article 16 The labor contract may stipulate a probationary period. If the term of the labor contract is less than 6 months, the probationary period shall not exceed 15 days; If the term of the labor contract is between 6 months and 1 year, the probationary period shall not exceed 30 days; If the term of the labor contract is between 1 year and 2 years, the probationary period shall not exceed 60 days; If the term of the labor contract is more than 2 years, the probationary period shall not exceed 6 months.

The probationary period is included in the term of the employment contract.

Article 35 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer, and the employer shall pay the corresponding remuneration to the worker and pay social insurance premiums in accordance with law:

1) During the probationary period;

2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;

3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract;

4) The employer fails to pay social insurance premiums for the employee in accordance with the law.

Article 46 Under any of the following circumstances, an employer shall pay compensation to a worker if it causes damage to a worker:

1) The hired worker has not concluded a labor contract, or there is a labor relationship after the expiration of the labor contract and the labor contract has not been renewed;

2) The labor contract concluded due to reasons attributable to the employer is invalid or partially invalid;

3) Terminating a labor contract in violation of these provisions or the provisions of the labor contract;

4) Failing to pay the employee's severance in accordance with the provisions of the labor contract after terminating the labor contract;

5) The employer violates relevant provisions or labor contracts and infringes upon the lawful rights and interests of female employees or juvenile workers;

6) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;

7) Other circumstances provided for by laws and regulations.

According to the rules, you can quit your job at all.

Whether or not a contract is signed does not affect the de facto employment relationship, the company should pay the salary, and there is no legal basis for one month in advance.

This contract should not be signed, and the labor law stipulates that if the labor contract is not signed, the employee can terminate the labor relationship at any time without paying compensation. The company is shackling you by asking you to sign a contract.

At the same time, because you have formed a de facto employment relationship with the company, you can completely ask the company to pay your salary.

You don't have to sign that contract, you can be fooled if you sign it, you can work and create a de facto labor relationship, you can get a salary, you don't have to pay compensation, you can go to the labor arbitration department, or the court, but it's very troublesome.

You can go to the labor arbitration department where the company is located to apply for arbitration.

Legal analysis: If the employee resigns without signing a labor contract, he or she will also be paid, and the employee can still enjoy the rights that the employee should have even if he or she does not sign a written labor contract. In addition, it is illegal for an employer to fail to sign a written employment contract with an employee.

Legal basis: According to Article 10 of the Labor Contract Law of the People's Republic of China, a written labor contract shall be concluded to establish an employment relationship.

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.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

According to Article 11 of the Labor Contract Law of the People's Republic of China, if the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standard stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

According to 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.

Legal analysis: There is a salary for resigning without signing a labor contract. 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 28 of the Labor Contract Law of the People's Republic of China 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.

If you don't sign a labor contract, you will be paid if you resign. The employer shall pay the employee all wages in a lump sum when the labor contract is terminated. 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 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 violates the provisions of this Law by not concluding 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.

You can go to the supervised department to react to this, and it is illegal not to sign an employment contract within one month of employment.

Hello landlord, the company should sign a labor contract with you within one month from the date of your work, if the company has not signed a written labor contract with you for more than one month and less than one year from the date of your work, it should pay you twice the monthly salary and make up a written labor contract with you. The date on which you are expected to be paid twice your monthly salary is the day after the expiration of one month from the date of your employment.

In addition, you can terminate the employment contract by notifying the employer in writing 30 days in advance. If you are on probation, you only need to notify the employer in writing or orally 3 days in advance to terminate the employment contract.

The company shall pay you the labor remuneration on time and in full in accordance with the provisions of the Labor Contract Law and the Interim Provisions on Payment of Wages, and when you resign, you may request the company to pay you twice the monthly salary and unpaid labor remuneration.

Hopefully, the above answers can help you.

Those who have not signed a labor contract can resign at any time, and are not bound by the clause of the Labor Law that notifies the employer of resignation in advance. The compensation standard is based on the first two floors.

1. Article 82 of the New Labor Contract Law 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.