How to find compensation from the company without signing a labor contract and without a salary slip

1. In the absence of a signed labor contract, other evidence that can prove the labor relationship shall be collected to claim compensation from the company;

2. Evidence of labor relations includes:

1) Audio recordings of the labor relationship and wage income between the worker and the employer;

2) Salary bank card, salary passbook, salary slip or record confirmed by the unit, and employee roster stamped by the unit;

3) Records of the employer's payment of various social insurance premiums for the employee;

4) "Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee;

5) Recruitment records such as the "registration form" and "registration form" of the employer filled in by the employee;

6) Attendance records stamped by the employer;

7) Testimonies of other workers, etc.

3. 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.

4. Basis: 1) Article 2 of the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations Article 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.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

2) Article 82 of the Labor Contract Law [Legal Liability for Failure to Conclude a Written Labor Contract] 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.

Legal Analysis: It is illegal not to sign an employment contract, and you can also ask the employer to pay double wages for up to 11 months. In terms of evidence, it is sufficient to prove the employment relationship, such as salary slips, punch-in records, tooling, work information, colleague cards, etc.

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

Legal analysis: If the labor contract is not clear about the standards such as labor remuneration and working conditions, and disputes arise, the following procedures may be followed:

First of all, the two parties renegotiate the wage standard and apply the standard stipulated in the collective contract; If the first two steps fail to solve the problem, the employer shall pay the employee equal pay for equal work. If the employer believes that there is no equal pay for equal work, it shall bear the burden of proof. However, when workers use the law to protect their rights, they must pay attention to adducing evidence of the facts asserted.

In other words, it is necessary to pay attention to the collection of appropriate evidence, such as pay slips and related formalities. so as not to bear legal consequences due to poor evidence.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under the following circumstances: (1) it is proved that the employee does not meet the employment conditions during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the form of accompaniment provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

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 economic compensation paid to the worker for half a month's salary shall be ruined. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Legal analysis: If there is no contract and salary slip, you can go to the labor dispute arbitration commission of the local human resources and social security bureau to apply for labor arbitration, and the specific process is as follows: 1. When filing the case, you need to bring 2 copies of the arbitration application, 1 copy of the applicant's ID card, 2 copies of relevant evidence and 2 copies of the evidence list, and the employer's industrial and commercial registration information form; 2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; 3. After the trial, the two parties will be mediated.

Legal basis: Article 28 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and residence of the worker, the name and address of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

Legal analysis: If you have not signed a contract for wages, you can apply to the labor dispute arbitration commission for wages, but you need to provide proof of a de facto labor relationship with the employer.

Legal basis: Notice on Matters Concerning the Establishment of Labor Relations Article 2 If an employer has not signed a labor contract with an 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. Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

If you do not sign a labor contract and do not owe wages, you can claim compensation. The law stipulates that 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, it shall pay twice the monthly wage to the worker. Double pay here is compensation.

Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury determination: (1) Application form for work-related injury identification; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate). The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for the determination of work-related injuries and filial piety are incomplete, the social insurance administrative department shall inform the applicant in writing of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the insurance administrative department shall accept the social appeal.