What should we do if we haven t signed an employment contract for six months?

According to the latest Labor Contract Law, if an employer does not sign an employment contract with an employee for more than one month, the employer shall pay the employee double wages from the date of employment. The general principles of the Civil Law stipulate that a person who has reached the age of 18 is a person with the capacity for civil conduct and civil rights, and the employment relationship between the two parties has been established and existed since the date of employment of the employer. It is illegal for an employer to delay the signing of a contract.

However, this situation also exists in some employers, and in many cases there is a certain distance between the law and the actual society. It's not legal, but it's in line with the current social situation.

However, in social practice, there are also many enterprises that do not sign written labor contracts with employees, and often they settle matters through oral agreements between the two parties, and applicants naturally ignore their rights and interests because of the lack of legal knowledge in this area and the difficulty of finding jobs in today's fierce competition.

It is illegal for the company to not sign a labor contract with you, and you can apply for labor arbitration to protect your legitimate rights and interests.

1. Termination of the contract.

2. Claim compensation.

Pursuant to Article 82 of the 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.

Double pay can be claimed.

No, it should be solved with the relevant departments.

If the employee has been working for the employer for 6 months and the employer still has not signed a contract with the employee, the employee can report to the labor administrative department, and according to the provisions of the Labor Contract Law, the company must pay the employee double wages compensation if the contract has not been signed.

Employees can be reported to the arbitration commission for processing, and in-service employees are not subject to the one-year statute of limitations for labor dispute arbitration, and after resignation, they cannot be arbitrated for more than one year.

Legal basis: Labor Contract Law

Article 10 A written labor contract shall be concluded for the establishment of labor relations.

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.

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.

The Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes came into force on May 1, 2008 Article 27 The limitation period for applying for arbitration of labor disputes is one year.

If you have a little understanding of the relevant laws, you can report them to the labor and social security department.

If the employee is unwilling to sign the contract, the employer does not need to compensate; If the employer does not sign a contract with the employee for six months, it shall compensate the employee for five months of double wages. If the employer has not signed a labor contract with the employee for six months, and the employer has not signed a written labor contract with the employee for more than one month and less than one year from the date of employment, it is required to pay the employee twice the monthly salary and make up the labor contract with the employee. If the employee does not sign a labor contract with the employer, the employer may notify the employee in writing to terminate the employment relationship between the two parties and make economic compensation.

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 monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Compensation for failure to sign an employment contract: If the employer does not conclude an employment contract with the employee for more than one month from the date of employment, the employer shall pay the employee double the salary as compensation every month, but not more than 11 months.

Paragraph 1 of Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to submit an application for work-related injury determination: (1) Application form for work-related injury determination; (2) Proof of the existence of an employment relationship with the employer (including a de facto pre-employment relationship); (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).