Does the company have to compensate the employee for not signing a labor contract? How to compensate

It's to be compensated!

The Detailed Rules for the Implementation of the Labor Law provide the following in this regard:

23. An employer shall conclude a written labor contract within one month from the date of employment when recruiting workers. If a written labor contract is concluded from the second month to the twelfth month, the employer shall pay the employee twice the monthly wage. From the twelfth month onwards, it is deemed that the employee has entered into an indefinite labor contract and will not be paid twice the salary.

If the labor contract is not renewed after the expiration of the labor contract, and the employee continues to provide labor for the employer, the above provisions shall be followed.

24. If the employer and the employee fail to sign a written labor contract within one month due to reasons on the part of the employee, the employer may propose to terminate the labor relationship without paying severance compensation; If the employer and the employee fail to sign a written labor contract within one month due to reasons on the part of the employer, the employee may terminate the employment relationship and the employer shall pay severance compensation.

If the two parties have not concluded a written labor contract after more than one month of employment, the employer cannot terminate the employment relationship at will, even if it has paid twice the salary for each employee, and shall handle the labor relationship in accordance with the provisions of Articles 39, 40, 41 and 44. If the employer illegally dissolves or terminates the employment relationship, it shall handle the matter in accordance with Articles 48 and 87 of the Labor Contract Law. The employee may terminate the employment relationship at any time by notifying the employer, and the employer is not required to pay severance payment.

If the employer fails to conclude a written labor contract at the same time as the employment, the term of the labor contract shall be calculated from the date of employment when the labor contract is re-signed.

Hello, according to your situation, after you entered Company B, Company B did not sign an employment contract with you, and the double salary should be calculated in the second month from the date of employment, but the time limit for double wages has exceeded the statute of limitations for arbitration application, so it is difficult to request the company to pay compensation for double wages; A de facto employment relationship has been formed between you and Company B, and if you relocate within the same administrative area, there is no possibility of severance payment if you do not agree to the relocation; It is recommended that you consider asking the company to pay severance according to the number of years of service you have worked since you entered Company A, and pay one month's salary every year on the grounds that the company has not signed an employment contract.

According to your description, it may not be deemed that an employment contract has not been signed. Because your place of work and position have not changed, but you have transferred to another company under the same group, and you have signed an indefinite labor contract with Company A, unless you have dissolved or terminated the employment relationship with Company A and paid you severance before you transfer to Company B, then it can be determined that Company B has not signed an employment contract with you and needs to pay double wages, otherwise your claim may not be supported.

According to the laws of the People's Republic of China, if a written labor contract has not been concluded with the employee for more than one month but less than one year from the date of employment, the employee shall be paid twice the monthly wage.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China.

To establish a labor relationship, a written labor contract shall be concluded.

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 enter into a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 80 of the Labor Contract Law of the People's Republic of China.

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 twice the monthly salary to the friendly worker.

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: False knowledge needs compensation. The law stipulates that an employer shall establish an employment relationship with an employee from the date of employment.

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 an employer violates the 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 82 of the Labor Contract Law of the People's Republic of China If an employer fails to enter into a written labor agreement 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.

If the employer fails to conclude a written labor contract with the employee for one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with the provisions of Article 82 of the Labor Contract Law from the day after the expiration of one month from the date of employment to the day before the expiration of one year, and it shall be deemed that an indefinite labor contract has been concluded with the employee on the date of one year from the date of employment.

The company has not signed a labor contract with the hired employees, and there is no compensation problem, but it is a violation of labor laws and regulations, and you can go to the local labor supervision department to complain.

If Li Sui said that your company did not sign a formal labor contract with the employee, then in this case you can go to the labor arbitration commission to complain about your company, according to this situation, the company will compensate the employee, and the compensation standard car is generally a month's salary.

Otherwise, it violates the provisions of Article 10 of the Labor Contract Law and infringes upon the legitimate rights and interests of the employee, and the employee shall bear the legal responsibility of paying twice the wages stipulated in Article 82, which shall be calculated from the day after the completion of one month of work, but shall not exceed 11 months.

Although no labor contract has been signed, it does not affect the formation of a de facto employment relationship. For evidence or proof of the formation of a de facto employment 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 fees; (2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the employee issued by the employer; (3) Recruitment records such as the employer's recruitment "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).

It is a labor dispute and can be resolved by applying for labor arbitration.

It's to be compensated! The Detailed Rules for the Implementation of the Labor Law stipulate as follows: 23. An employer recruiting a worker shall conclude a written labor contract within one month from the date of employment.

If a written labor contract is concluded from the second month to the twelfth month, the employer shall pay the employee twice the monthly wage. Starting from the twelfth month, it is deemed that an indefinite labor contract has been signed with the employee, and twice the salary of the employee will not be paid. Labor Cooperation.

The company did not sign a labor contract with the employee Liang Yu, of course, it is necessary to compensate, generally to compensate for about one month's salary, and of course the Danyan slag ridge has to sign a labor contract.

To be compensated. Within one month from the date of employment, the unit shall sign a written contract with the unit. To pay double wages, up to more than eleven.

If the company does not have a contract with the employee, then it must be compensated financially, and the standard of compensation should be determined according to the employee's working years.

The company's failure to sign an employment contract with the employee states that he violated the labor law, but it does not necessarily mean that it should compensate the employee.

Company C did not sign a labor contract with the employee, but it can be compensated, and the employee must have a labor contract when working.

If the social security is not paid, then the social security will be made up, and the provident fund will not be paid, and the scum will make up the provident fund, and the compensation for the salary will be compensated according to twice the amount.

No. Employment Promotion Law of the People's Republic of China

1) Article 25.

People at all levels should create a fair employment environment, eliminate employment discrimination, formulate policies and take measures to provide support and assistance to people with employment difficulties.

2) Article 26.

Employers recruiting personnel and engaging in employment intermediary activities shall provide equal employment opportunities and fair employment conditions to workers, and shall not engage in employment discrimination.

3) Article 62.

Where employment discrimination is carried out in violation of the provisions of this Law, the worker may file a lawsuit in the people's court.

Article 4 of the Labor Contract Law.

Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights, clearly allocate benefits, and fulfill labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

If the company does not sign a labor contract for the employee, it will pay double wages, and more than one year will be regarded as signing an indefinite labor contract. If the employment contract is not signed, the employee can terminate the relationship at any time without being liable for compensation. If the employer has not signed a labor contract with the employee, it may refer to the wage payment voucher, attendance record and other documents when determining the existence of an employment relationship between the two parties.

1. How to compensate the company for not signing the labor contract to the employee?

1. If you do not sign a labor contract, you will be compensated double the salary. According to Article 82 of the Labor 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".

Therefore, the company should pay double wages at the time. If the payment is not made, the employee can apply.

2. If the labor agreement is not signed, the employee can terminate the relationship at any time without being liable for compensation. If a contract is signed, according to Article 37 of the Labor Law, "the employee may notify the employer in writing 30 days in advance."

The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. "Employees are required to notify the company 30 days in advance. According to Article 90 of the Labor Contract Law:

If an employee terminates the labor contract in violation of the provisions of this Law, or violates the confidentiality obligation stipulated in the labor contract, or causes losses to the employer, he shall be liable for compensation and compensation. "The resignation of the worker may be liable for compensation.

2. What should I do if the company does not sign the contract?

If a contract is signed, wages are not paid in time, and the unit violates the law, the party concerned can claim compensation, and if the compensation is not paid, he can go to the labor administrative department to appeal.

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 issued by the employer to the employee;

3. Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the person holding the sedan in labor;

4. Attendance records;

5. Testimony of other workers, etc.

Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.

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 labor contracts 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 legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

To sum up, the company should sign a written contract when the employee goes through the entry procedures. If you don't sign it, the company will pay compensation, and the standard will be implemented according to double salary. In addition, if the employee asks the company to re-sign the contract, and therefore the dispute needs to be arbitrated, the employee can bring the salary slip, attendance record and service certificate and other materials to prove the existence of the de facto labor relationship.