The company has not signed an employment contract with the employee, what documents do I need to pro

Updated on society 2024-03-05
5 answers
  1. Anonymous users2024-02-06

    Labor cases can be handled by themselves, the same can be won, and labor arbitration is completely free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me!

    1. You can apply for labor arbitration to demand payment of double wages (up to 11 months) and arrears of wages, deposits, economic compensation, overtime wages, etc. Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

    2. The key to such a case is to have evidence to prove the labor relationship! For example, tooling with the name of the company, work card or work card (preferably 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 your name and official seal (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship);

    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.

    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.

    Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

    There are relevant laws and regulations for my space and QQ logs!

  2. Anonymous users2024-02-05

    To establish an employment relationship, it is necessary to sign a labor contract, otherwise it is illegal, and it is necessary to bear the legal responsibility of paying twice the wages stipulated in Article 82 of the Labor Contract Law.

    Although there is no labor contract, but a de facto labor relationship has been formed, and to prove the de facto labor relationship, please refer to the following provisions of the Notice on Matters Concerning the Establishment of Labor Relations:

    2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

    1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

    2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

    3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

    4) Attendance records;

    5) Testimony of other workers, etc.

  3. Anonymous users2024-02-04

    That's a little tricky. Because the evidence seems to have to be found on its own. If you can't find evidence, it's very troublesome. But you can also get witnesses, and witnesses have to be able to prove directly that you worked in the factory.

  4. Anonymous users2024-02-03

    Learn the "Regulations on Work-related Injury Insurance" to share.

  5. Anonymous users2024-02-02

    Legal Analysis: 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 the employer does not conclude an indefinite-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be 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 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 two times the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Related questions
6 answers2024-03-05

It is sufficient to submit a written application 30 days in advance, and the company cannot hinder or even deduct the salary for any reason. >>>More

8 answers2024-03-05

According 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. >>>More

13 answers2024-03-05

If the company is required to write a guarantee that the accident has nothing to do with the company, this requirement has violated the labor protection clauses in the contract and is invalid. >>>More

5 answers2024-03-05

In accordance with the Labor Contract Law.

Article 17 stipulates that the labor contract shall have the following clauses: >>>More

12 answers2024-03-05

According to Article 7 of the Labor Contract Law, the employer shall establish an employment relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference. Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. >>>More