Whether it is legal to sign the training and assessment agreement without signing the labor contract

If it is not legal, you should first sign a probationary contract, (the labor law stipulates that the probationary period cannot exceed three months), explain the salary and social insurance during the probationary period, and the training fee shall not be collected, and the prescribed salary shall be paid if you are not competent. The minimum wage shall not be less than the local minimum wage, otherwise double the salary shall be compensated.

It is illegal to sign a training and assessment agreement without signing a labor contract, and the labor contract is a basic requirement, including salary and other content, and the salary does not determine how to talk about performance.

No labor contract has been signed

The worker can claim compensation for no more than one year, with double wages per month from the second month onwards.

If the employer unilaterally terminates the contract for an indefinite period of time, it is an illegal termination, and the employee may request the resumption of the labor relationship, or require the employer to pay double the severance for the illegal termination of the contract, that is, the severance payment for two months' wages in one year.

I don't think companies will change their names in order to sign contracts with employees, but now some advertising companies use cheap labor in this way, and I suggest you go to your local labor arbitration agency to ask about the situation, because the regulations are different in each place, and I can only solve so much for you.

Legal analysis: If the employer has paid for the training of the employee, and the employee violates the service period, the employer may require the employee to bear the liquidated damages for the unfulfilled period, but if the employer fails to sign the contract in accordance with the law, the employee may claim that the employer shall pay twice the salary of the unsigned contract.

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

Article 3 The conclusion of a 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 employment relationship shall be established from the date of employment.

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

If the employer has paid for the training of the sedan car workers, and the employer violates the service period agreement, the employer may require the employee to bear the liquidated damages for the period of non-performance, but if the employer fails to sign the contract in accordance with the law, the employee may claim that the employer shall pay twice the salary of the unsigned contract.

Legal analysis: If the employer has paid for the training of the employee, and the employee violates the service period, the employer may require the employee to bear the liquidated damages for the unfulfilled period, but if the employer fails to sign the contract in accordance with the law, the employee may claim that the employer shall pay twice the salary of the unsigned contract. Legal basis:

Labor Contract Law of the People's Republic of China Article 3 The conclusion of a 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 employment. Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

In general, the training agreement is effective in destroying the burner. The probationary period contract is actually an employment contract, and it is also valid. It is illegal for an employer not to conclude a labor contract and not pay social insurance premiums, and you can resign and ask it to pay double the difference in wages for not entering into a labor contract, and you can also ask for economic compensation.

In this case, you have your reasons, and the employer thinks that it has a training agreement, but I think that you have terminated the labor relationship in accordance with the law, and the employer's reason for claiming compensation from you cannot be established.