What should I do if I have not signed a labor contract and my salary has not been paid for 3 months?

Hello: According to the relevant provisions of labor laws. The employer shall pay the wages of the employee on time and in full in accordance with the labor contract in accordance with the law; and pay social insurance for labor in accordance with the law; If a dispute arises between an employee and an employer over the performance of a labor contract and the negotiation fails, the employee may file a complaint with the labor inspection department or apply to the labor arbitration commission for labor arbitration.

Yin Chenggang, a lawyer from Zongheng Legal Network.

According to the regulations, the employer shall pay the wages of the employee on time and in full in accordance with the labor contract in accordance with the law; and pay social insurance for labor in accordance with the law; In the event of a dispute between the employee and the employer over the performance of the labor contract and the negotiation fails, the employee may file a complaint with the labor department or apply to the labor arbitration commission for arbitration.

Lawyer Ma Yong.

You can apply for arbitration and ask the company to pay you the wages you owe and double your wages for 3 months, make back social security payments, etc.

Complain to the labor inspection department or apply for labor arbitration, demanding double wages, supplementary insurance, and economic compensation.

Go to labor arbitration and ask the company to compensate you for double wages and back insurance.

Find the labor arbitration department to apply for arbitration!

Legal analysis: If the company owes employees two months' wages, violates labor laws and regulations, and infringes on the legitimate rights and interests of employees, the workers can report to the supervision department of the labor bureau or apply for labor arbitration.

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

Article 3: The principles of legality, fairness, equality, voluntariness, consensus, and good faith shall be followed when entering into labor agreements. 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 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 36 The employer and the worker may terminate the contract of pure labor response if they reach a consensus through consultation.

Ask the employer for a replacement contract and ask for severance payment. As long as the employee can prove the de facto labor relationship, he or she can request the employer to pay double wages as compensation, supplementary social security and economic compensation. If the employer does not sign a labor contract, it shall pay double wages (up to 11 months) from the second month onwards and make up social security payments; The employer shall also pay economic compensation for the termination of the labor relationship.

Employees who refuse to comply have the right to apply to the Labor Bureau for arbitration.

1. What are the solutions to the employer's refusal to sign the labor contract?

1. Request for re-signing of the contract.

If the employer that has not signed the labor contract violates the relevant laws and submits in writing that it can leave immediately after leaving the company, in addition to requiring the employer to pay wages and deposits, it can also claim economic compensation, double wages after the second month of work, and supplementary payment of social security. The statute of limitations for labor arbitration is one year from the date of resignation.

2. Apply for labor arbitration.

Bring the labor arbitration application, a copy of your ID card, and relevant evidence, and then go to the local arbitration commission to apply for a case. After the case is filed, I will go to find a new job and will not delay anything.

3. The premise is that there is evidence to prove the labor relationship.

For example, tooling with the name of the company, work permit or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and in-service are acceptable), audio and video recordings or other documents with my name and official seal, etc. (including a work card with an official seal, a social insurance payment record, and a document with my name and official seal, one of which is sufficient to prove the labor relationship).

2. What are the risks of the employer not signing the labor contract?

In addition to paying the above-mentioned compensation, the employer also needs to bear other risks if it fails to sign an employment contract:

1. The risk of the establishment of the conditions of an indefinite-term labor contract. 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. In other words, after the implementation of the relevant laws in China, if the employer does not sign a written labor contract with the employee for more than one year, it will be deemed that the two parties have signed an indefinite labor contract.

2. Workers who have not signed a labor contract can leave at any time, which will lead to the mobility of personnel within the enterprise, which is not conducive to the management of the enterprise system and is fatal to the corporate culture.

3. Failure to sign a labor contract cannot effectively restrain an employee who involves trade secrets or non-competition restrictions.

Legal analysis: If the company is suspected of being in arrears of wages for three months and has not signed a contract, it can file a complaint with the local labor inspection brigade or apply for labor arbitration, requiring the employer to pay double the wages and arrears of wages for the unsigned contract.

Legal basis: Labor Contract Law of the People's Republic of China Article 82 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.

Legal analysis: If the company is in arrears of wages for three months and has not signed a contract, it can file a complaint with the local labor inspection brigade, or it can apply for labor arbitration to require the employer to pay double the salary of the unsigned contract and the arrears of wages.

Legal basis: Labor Contract Law of the People's Republic of China Article 82 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 a monthly wage equal to two times.

The company is in arrears of three months' wages and does not sign a contract, which is a serious violation of the Labor Contract Law, and the parties concerned can file a complaint with the local labor inspection brigade or apply for labor arbitration, requiring the employer to pay double the wages and arrears of wages for the unsigned contract. According to Article 8 and 12 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.

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 worker for more than one month but less than one year from the date of employment, the employee shall be paid 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.