How do migrant workers sign labor contracts?

Analysis of the law of burial: no labor contract was signed, and the unit did not pay social insurance. You should collect evidence of the existence of an employment relationship, apply for labor arbitration at the local labor bureau, and ask the company to pay economic compensation.

They can also demand double wages and back social insurance contributions. If the unit dismisses in violation of regulations, it also needs to bear the corresponding compensation.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 11 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

1. Identity information of the employee and the employer 2, term of the labor contract 3, work content 4, labor protection and working conditions 5, labor remuneration 6, labor discipline 7, conditions for termination of the labor contract 8, and liability for violating the labor contract.

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

Article 3 The conclusion of a hail labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. 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 labor relationship shall be established from the date of dissolution of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Matters to be noted regarding the signing of labor contracts by migrant workers: (1) The name, domicile and legal representative or principal responsible person of the employer; (2) The worker's name, address, and resident ID card or other valid identification number; (3) The term of the labor contract; 4) The content of the work and the place of work; (5) Working hours, rest and vacation; Labor remuneration; (vii) Social insurance; 8) Labor protection, working conditions and protection against occupational hazards; (9) Other matters that shall be included in the labor contract as stipulated by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

Instructions for Migrant Workers to Sign Labor Contracts.

1. When an employer recruits a migrant worker, it must conclude a written labor contract with the migrant worker within one month from the date of employment. Project departments, project managers, construction teams, and contractors in the construction field are not qualified to sign labor contracts with migrant workers, and migrant workers shall sign labor contracts with lawfully established companies and branches.

2. Employers shall not seize the resident identity documents and other documents of migrant workers, and shall not require migrant workers to provide guarantees or collect property from migrant workers in other names, such as deposits, risk funds, security deposits, etc.

3. The employer and the migrant worker may sign the Model Text of the Labor Contract for Migrant Workers in Yunnan Province recommended by the human resources and social security department, or may draft the labor contract text on their own as needed, but it must contain the following contents: (1) the name, domicile and legal representative or main person in charge of the employer; (2) The worker's name, address, resident ID card or other valid ID number; (3) the term of the labor contract; (4) Work content and work location; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) social insurance; (8) Labor protection, working conditions and occupational hazard protection; (9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

Wheel change. 4. Employers and migrant workers may choose to sign labor contracts with a fixed term, an indefinite term, or a period based on the completion of certain work tasks according to the actual situation. Select one of the terms without having to repeat the selection.

A fixed-term employment contract is an employment contract that clearly stipulates the start and termination times of the contract. An indefinite-term labor contract refers to a labor contract that only stipulates the start time of the contract and does not stipulate the time of termination of the contract. An employment contract with a term of completion of a certain work task is an employment contract with the completion of a certain task as the term of the contract.

5. In the labor contract, it shall be clearly stipulated that wages shall be paid in the form of money on a monthly basis, and the time, standard, amount and method of payment shall be specified. The monthly salary paid shall not be lower than the minimum wage standard stipulated by the local **. The employer shall settle the workload of the workers according to the actual situation, prepare a wage payment table, and pay the wages of the migrant workers in full on a monthly basis through the bank after being signed and confirmed by the migrant workers themselves.

6. The labor contract shall be signed by the migrant worker himself/herself, and shall be invalid if signed on behalf of the migrant worker without legal authorization. The text of the labor contract shall come into force after it is signed and sealed by the migrant worker and the employer, and the employer and the migrant worker shall keep one copy respectively.

7. The labor contract is legally binding, and the employer and the migrant worker shall fully perform their respective obligations in accordance with the provisions of the labor contract. If there is a change in the terms of the labor contract or the labor contract needs to be renewed upon expiration, the employer and the migrant worker shall sign a written modification agreement or an agreement to renew the labor contract. The termination of a labor contract shall comply with the provisions of laws and regulations.

Do migrant workers have to sign a labor contractNow subcontracting in the construction field also requires the subcontractor to have construction qualifications, otherwise the subcontract is invalid. The contractor did not have the qualifications of the employer, and he could not sign a contract with the migrant workers below. In a legal sense, a de facto labor relationship is formed between migrant workers and a construction company, and the construction company is generally liable for work-related injuries and other incidents.

If the company purchases insurance for migrant workers, it is recommended to sign a collective labor contract with the migrant workers for the duration of completing certain work tasks. In this way, you can directly agree to pay the social insurance part to the migrant workers in the form of wages for the company, without paying separately. An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties.

The conclusion and modification of a contract shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be immediately legally binding in accordance with the law, and the parties must perform their obligations under the employment contract. According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), a labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties.

According to this agreement, the worker joins an enterprise, individual economic organization, public institution, state organ, social organization and other employers, becomes a member of the unit, undertakes certain types of work, positions or duties, and abides by the internal labor rules and other rules and regulations of the employer; The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of the labor provided by the employees, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the employees enjoy labor protection, social insurance, welfare and other rights and benefits. The subject of the labor contract is the parties to the labor legal relationship: the employee and the employer.

The subject of a labor contract is different from the subject of other contractual relationships: first, the subject of a labor contract is determined by laws and regulations and is specific, and citizens who do not have legal qualifications cannot sign a labor contract with an organization that does not have the right to employ employees; Second, after the labor contract is signed, the subjects are administratively subordinate to each other, and the employee must obey the administrative management of the employer in accordance with the law. In recent years, the establishment of the country's legal system has been strongly promoted, and the protection of the interests of migrant workers needs to make a rational response in accordance with local policies in the handling of specific problems.