Can I terminate the employment relationship at any time without signing the labor contract?

Yes, it is possible to leave at any time and there is no need to notify the employer in advance.

It should be okay, because the other party has violated the Labor Law.

According to your questions, the answers are as follows: 1. You can apply for labor arbitration and request the employer to pay severance and double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), etc. Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

Of course, you should explain that the reason for termination is due to the fact that the employer has not signed a written employment contract with you, and it cannot be a personal reason such as the individual wanting to go home. 2. Collect evidence of the existence of labor relations between you and the employer, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, testimonies of colleagues (resigned and on-the-job are acceptable), audio and video recordings or other written materials with your name, official seal or boss's signature, etc.; 3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license (registration information is not required in Beijing)! After the case is filed, **, and then mediated, and the arbitration committee fails to issue an award if the mediation fails; 4. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees.

During the application for labor arbitration, you will not be delayed to work in the new unit! If it is necessary to terminate the labor relationship without signing a labor contract, the above content can be resolved.

Article 1 of the Notice on Matters Concerning the Establishment of Labor Relations shall be established if an employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances: (1) The employer and the worker meet the entity qualifications provided for by laws and regulations; (2) The labor rules and regulations formulated by the employer in accordance with the law are applicable to the laborers, and the laborers are subject to the labor management of the employer and engage in paid labor arranged by the employer; (3) The labor provided by the worker is an integral part of the employer's business.

Legal Analysis: Although you have not signed an employment contract, you work for the employer and have formed a de facto employment relationship with the employer. In accordance with the law, an application should be submitted to the employer 30 days in advance to terminate the employment relationship and complete the relevant handover procedures.

Otherwise, the employer can require you to compensate for the cost of recruitment and training, and pursue the losses caused by your resignation.

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

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 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails 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) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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.

There is no labor contract, but a de facto labor relationship may be formed, therefore, the rights and obligations of both parties are asymmetrical, and the employee can leave the job at any time, and the labor relationship will be terminated, but the employer cannot terminate the labor relationship with the employee at any time, otherwise it will bear the responsibility of giving necessary economic compensation. Both parties to the labor relationship shall fully perform their respective obligations in accordance with the law. First of all, workers have the right to receive labor remuneration and related benefits.

Secondly, when the worker establishes a labor relationship with the unit that uses the returnee, he or she shall enter into a written labor contract within one month in accordance with the law. 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.

Labor Contract Law of the People's Republic of China

Article 80 [Legal Liability for Failure to Conclude a Written Labor Contract] 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.