What should I do if I have not signed a labor contract after four years of work and have not been co

Updated on society 2024-03-23
7 answers
  1. Anonymous users2024-02-07

    Go to the local labor bureau, and the labor arbitration commission applies for labor arbitration to demand payment:

    1. Double salary for 11 months without signing a labor contract;

    2. Compensation for illegal termination of labor relations is 9 months' salary.

    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.

  2. Anonymous users2024-02-06

    Immediately go to the local labor arbitration section to apply for labor arbitration, which is a right granted to you by the state and is generally beneficial to the labor party (you).

    Secondly, you now have to collect and sort out evidence to prove your labor facts, such as pay stubs, attendance records, documents with the official seal of the unit, business cards, access control cards, and a series of facts that can prove that you have worked in the unit for 4 years, and then wait for labor arbitration.

    I believe that this situation is very beneficial to you, you can pay a lot of compensation, first of all, because you do not sign a labor contract within 1 month after joining, and then pay double wages for 11 months of a year, followed by you work for nearly 5 years, pay 1 month's salary for every full year, and pay half a month's salary for more than 6 months in less than a year, according to your description, it is estimated that 4 and a half months' salary will be paid, and a total of 15 and a half months' salary can compensate you, which is considerable.

    If you have any questions, please contact us.

  3. Anonymous users2024-02-05

    Legal analysis: 1. If there is no legal reason for dismissal, you can claim compensation equivalent to double the compensation. If the actual employment with the company has been more than one month, self-satisfaction for one month, no more than one year of employment period, advocate double wages, at most ten children lose one month.

    In the event of a dispute, if the negotiation fails, you can file a complaint with the labor inspection brigade or apply for labor arbitration.

    2. The worker should first prove that there is a labor relationship between the worker and the employer, and if the employer does not sign a labor contract with the employee, the worker can use the following evidence to prove the existence of the labor relationship:

    1) Social insurance records;

    2) Payroll records;

    3) Badge, access card, work card, work card or work record sheet (form);

    4) Proof of mortgage income and tax payment;

    5) Timecard;

    6) Proof of payment of wages, written proof of arrears of wages, etc.;

    7) Commercial contracts, documents, power of attorney, corresponding evidence of business trips, etc. signed on behalf of the company;

    8) Work records, corresponding evidence of business trips, etc.;

    8) Records of complaints filed by the labor inspection department;

    9) Witness testimony of colleagues, preferably by working colleagues;

    10) Recording.

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

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

    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 specified in the first paragraph of Article 26 of this Law;

    6) Other circumstances under which the labor contract may be terminated 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.

  4. Anonymous users2024-02-04

    Respond to the local labor arbitration commission. If you have worked in the employer for 4 years, and the employer has not signed a labor contract, it has nothing to do with the dismissal of you, according to the provisions of the Labor Contract Law, it is regarded as an indefinite term labor contract, and you can apply for double economic compensation and salary compensation.

    Legal basis: Article 14 of the Labor Contract Law of the People's Republic of China stipulates that an indefinite-term labor contract refers to an employment 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 an employer implements the labor contract system for the first time or a state-owned enterprise restructures and re-concludes a labor contract, the laborer has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

    3) Continuously dismantling and concluding a fixed-term labor contract for two times, and the worker does not renew the labor contract without the circumstances provided for in Article 39 and Article 40, Paragraphs 1 and 2 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.

  5. Anonymous users2024-02-03

    Legal analysis: According to the laws of our country, there is compensation. 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.

    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 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 a labor analyst for more than one month from the date of employment, it shall pay twice the monthly salary to the employee. 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.

  6. Anonymous users2024-02-02

    If it is a labor contract relationship, if the contract is not signed and the employee is dismissed, Qixiang refers to the industry to pay the employee double the salary as economic compensation. The specific number of months of compensation depends on the number of years of service of the employee. For each year of service, the employer is required to compensate Yan Tan for one month's wages, if it is not more than one year, but more than six months, it will be calculated as one year.

    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.

  7. Anonymous users2024-02-01

    Summary. If you are dismissed after working for four years without signing a labor contract, you will definitely be able to compensate.

    If you are dismissed after working for four years without signing a labor contract, you will definitely be able to compensate.

    When was he dismissed?

    Is it double the compensation for four years' salary?

    No, double pay can only be paid for up to 11 months.

    1. If the employer does not sign the contract, it violates the provisions of Article 10 of the Labor Contract Law, and the employee can compensate twice the salary from the day after the contract has not been signed for one month, up to 11 months, and re-sign the contract. 2. The employee may also notify the employer in writing to terminate the labor relationship in accordance with the provisions of Article 38 (6) of the Labor Contract Law and Article 18 (10) of the Regulations for the Implementation of the Labor Contract Law, and require the employer to pay the employee one month's salary in accordance with the provisions of Article 46 (1) and Article 47 of the Labor Contract Law. If it is half a year but less than one year, it will be paid as one year, and if it is less than half a year, it will be paid for half a year.

    How long has it been since you were fired here?

    It's been said verbally, it's still in the process of handover, so can there be any other compensation?

    The same is possible, whether the unit has issued a dismissal certificate for you.

    What about the dismissal certificate?

    What won't be issued is deliberately dismissed Is it based on the average salary of four years?

    Calculated based on the salary at the time.

    That is, the calculation of the salary for the eleven months at that time.

    It is recommended that you keep the evidence.

    Is it calculated according to the current salary Is there also one month's salary compensation per year?

    Do you have a work card punch card record here?

    That's why I'm asking you if you have issued a certificate.

    Is there a payroll bank statement.

    Is the payroll paid in the company's account?

    Yes. In other words, do you have any documents stamped by the company?

    This is possible, and it is possible to get double the financial compensation.

    Do you want to get two months of financial compensation a year?

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