How to compensate for not signing a labor contract? How to compensate for not signing a labor contra

Legal Analysis: If an employer fails to sign a contract after one month of employment, it shall pay twice the salary to the employee from the day after the expiration of one month. 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 basis: Article 14 of the Labor Contract Law of the People's Republic of China refers to an indefinite term labor contract in which the employer and the employee agree on an indefinite termination time. The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation.

In any of the following circumstances, if a worker proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract: (1) the employee has worked for the employer for 10 consecutive years; (2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age; (3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. 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.

1. How to compensate for not signing a labor contract? The maximum period for claiming double pay without signing an employment contract is 12 months. Generally speaking, the starting date for double wages is the day after the expiration of one month from the date of employment, and the deadline is one day before the signing of the labor contract.

If the labor contract has not been signed after one year from the date of employment, double wages shall be paid from the day after the expiration of one month from the date of employment to the first day before the expiration of one year. If the labor contract has not been signed for one year, the indefinite labor contract shall be deemed to have been signed on the day of the expiration of one year. If the employee is still unable to sign an employment contract with the employer after working for one year, he or she should consider whether to claim his rights in a timely manner and terminate the employment relationship with the employer.

2. How to compensate for the termination of the labor contract?

The Labor Contract Law, which came into effect on January 1, stipulates that if the employer is unwilling to renew the labor contract with the employee upon the expiration of the labor contract signed between the employee and the employer, thus terminating the original labor contract, the employer shall pay the employee one month's salary for each full year of employment in the employer in accordance with the regulations. However, before the implementation of the Labor Contract Law, there was no such provision, so there was no economic compensation for the termination of the employment contract when it expired.

2. The termination of a labor contract is different from the termination of a labor contract, and there is no provision that the other party must be notified 30 days in advance of the termination of the labor contract.

3. According to the Regulations of Chongqing Municipality on Unemployment Insurance, an unemployed person must meet the following conditions before he can receive unemployment insurance money: he or she has participated in unemployment insurance in accordance with the regulations, and his or her employer and himself have fulfilled the obligation to pay contributions for more than one year in accordance with the regulations; Interrupting employment within the legal working age not due to one's own will; Those who have completed the registration of unemployment and job seeking in accordance with the regulations. After terminating or dissolving the labor relationship with the employee, the unit shall promptly apply for a certificate of termination or dissolution of the labor relationship for the unemployed person, inform him in writing of his or her right to register as unemployed and enjoy unemployment insurance benefits in accordance with the relevant regulations, and send the list and file of the unemployed person to the unemployment insurance agency of the district or county (autonomous county) where the unemployed person's household registration is located for examination within seven working days from the date of termination or dissolution of the labor relationship.

Within 60 days from the date on which the relevant documents are issued by the original unit, the unemployed person shall go through the formalities of registering as unemployed and applying for unemployment insurance money at the unemployment insurance agency of the district or county (autonomous county) where his household registration is located. The period for an unemployed person to receive unemployment insurance money shall be determined on the basis of the time when he or she worked and the time he or she paid unemployment insurance premiums before he became unemployed. Among them, if the cumulative payment time is two years but less than three years, it is six months.

1. Pay double wages. Article 82 of the Labor Contract Law 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.

At the same time, Article 6 of the Regulations for the Implementation of the Labor Contract Law 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 salary in accordance with Article 82 of the Labor Contract Law, and make up a written labor contract with the employee. If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

2. Pay economic compensation. Article 27 of the Regulations for the Implementation of the Labor Contract Law stipulates that the monthly wage for economic compensation as stipulated in Article 47 of the Labor Contract Law shall be calculated according to the wages due to the employee, including hourly wages or piece-rate wages, as well as monetary income such as bonuses, allowances and subsidies. If the average salary of an employee in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard.

If a worker has worked for less than 12 months, the average work shall be calculated according to the number of months actually worked.

Legal basis. Article 16 of the Labor Law of the People's Republic of China 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. A labor contract shall be concluded for the establishment of labor relations.

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, the employee may claim double the salary from the employer and may sign a supplementary labor contract with the employer.

If the employee does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay economic compensation to the employee, but shall pay the employee the labor remuneration for his actual working time in accordance with the law.

Article 5 of the Regulations for the Implementation of the Labor Contract Law provides that if the employee does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay economic compensation to the employee, but shall pay the employee the labor remuneration for his actual working time in accordance with the law.