What should I do if I resign without a labor contract and the boss does not release me when it expir

If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

For details of the time of payment of wages when the labor contract (or labor relationship) is terminated, please refer to Article 9 of the Interim Provisions on Payment of Wages, and the time of payment of severance is detailed in Article 50 of the Labor Contract Law. If the payment is not made on time, the employer may be required to implement Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract and Article 85 of the Labor Contract Law.

If you take a good look at what I have covered in the title of the book above, you will be able to fully understand what I mean.

My Space has the legal provisions mentioned above, which you can check out.

If the employee establishes an employment relationship with the employer, and the employee resigns before the expiration date, the employer shall pay the employee's legal wages, and if the employee causes losses to the employer, the employee shall be liable for compensation. Article 77 of the Labor Contract Law stipulates that if the legitimate rights and interests of an employee are infringed, he or she has the right to request the relevant department to handle the matter in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law. Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with the law, and shall supervise the performance of labor contracts and collective contracts by employers.

If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law. Article 50 An employer shall, upon dissolution or termination of a labor contract, issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the worker's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties.

Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The text of the labor contract that has been dissolved or terminated shall be kept for at least two years for future reference. Article 90 Where a worker dismisses the labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

Article 31 of the Labor Law of the People's Republic of China stipulates that a worker shall notify the employer in writing 30 days in advance of the termination of a labor contract.

Legal analysis: If the employer does not give resignation without a labor contract, the employee can notify the employer in writing 30 days in advance to resign, and even if the employer does not agree, the labor contract can be terminated. If the employer withholds wages as a result, the employee may file a complaint with the labor administrative department or apply for labor arbitration.

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, honesty and credibility. 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 labor relationship is confirmed, the employer may report to the labor inspection brigade if the employer does not pay the labor remuneration. The evidence to prove the labor relationship is listed in the following order of probative effect: 1. The labor contract signed by both parties; 2. Salary 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 workers; 4. Certificates that can prove the identity of the employee, such as the "work permit" and "service certificate" issued by the employer to the employee; 5. Recruitment records such as the "registration form" and "registration form" filled in by the employee; 6. Attendance records stamped by the employer and rental unit; 7. Testimony of other workers, etc.

Article 91 of the Labor Law stipulates that if a worker's wages are deducted, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation.