Now that I have signed an employment contract, does the previous working experience count?

Working hours without a signed employment contract should be counted as seniority.

The so-called length of service refers to the time that the employee has worked continuously in the employer, and if there is no labor contract signed, there is still a de facto labor relationship between the two parties, and the working hours after signing the labor contract shall be combined to calculate the length of service.

1. Generally, the calculation of length of service is calculated from the first day of work in the company, and the absence of a labor contract does not mean that there is no labor relationship between the two parties, and you can collect other evidence to prove the existence of a de facto labor relationship.

2. If the employer has not signed a labor contract with the employee, it shall pay the employee double wages from the second month to one year.

2. I don't understand very well, what kind of salary do you mean by back wages? Does it mean that your company hasn't paid you a salary since you joined the company? If you are referring to overtime pay, you have the right to request the employer to pay overtime back and pay additional severance if the employer fails to pay overtime pay or pays it in full.

3. It is the legal obligation of the employer to purchase social insurance for the employee, and it has nothing to do with whether the labor contract is signed. If you want the company to pay back social insurance for you, you can go to the social security** or the labor bureau to complain and ask them to deal with it. In many places, the recovery of social insurance does not fall within the scope of labor arbitration, and the practice varies from place to place, so you can consult your local labor dispute arbitration commission or local lawyer.

4. To give you a hint: since January 1, 08, your company has not signed a written labor contract with you in accordance with the provisions of the Labor Contract Law, and you have the right to ask the company to pay you double wages from February 1, 2008. You can also terminate the employment relationship on the grounds that you have not signed an employment contract or that the employer has not purchased social insurance for you.

The working hours after the implementation of the Labor Contract Law on January 1, 2008 shall be handled in accordance with the Labor Contract Law. If you have not signed a contract, your employer should pay you double your salary every month from February 1, 2008 to the present. Contract periods prior to '08 do not count double pay.

If you are not paid social insurance, you should pay back the social insurance from the establishment of a de facto employment relationship with you to the current social insurance.

Legal Analysis: Nothing must be done. There are three types of labor contracts: fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a term of completion of a certain task, in either case, the employee shall notify the employer in writing 30 days in advance (3 days in advance during the probationary period), and the employee may leave the job (terminate the labor contract) without the approval of the employer.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate the labor contract by notifying 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.

What is the time limit for an enterprise to sign an employment contract?

According to the provisions on the length of time the enterprise has signed a labor contract, if the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the contract term is more than one year but less than three years, the probationary period shall not exceed two months; The probationary period of a fixed-term or indefinite-term employment contract of more than three years shall not exceed six months.

The same employer and the same employee can only agree on one probationary period.

The labor contract shall not be limited to the completion of certain work tasks, or if the term of the labor contract is less than three months, a probationary period shall be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and this period shall be the term of the labor contract.

If it is not a temporary job, it will generally last for more than three months.

The term of an employment contract refers to the time from the beginning to the end of the employment contract, or the legally binding period of the employment contract. Generally, it starts on the effective date of the contract and ends when the contract is terminated.

The term of a labor contract is divided into three types: a fixed term, an indefinite term, and a period for completing certain work tasks.

A fixed-term employment contract refers to an employment contract in which the employer and the employee agree on the termination time of the contract. Specifically, it means that both parties to the labor contract clearly agree in the labor contract on the start and end time of the contract taking effect. Upon the expiration of the labor period, the employment relationship shall be terminated.

If both parties reach an agreement through consultation, the labor contract may also be renewed and the term may be extended. Fixed-term employment contracts can be short-term, such as six months, one year, two years, or long-term, such as five, ten, or even longer. Regardless of the length of time, the start and end dates of the employment contract are fixed.

The specific time limit shall be determined by both parties according to the needs of the work and the actual situation.

An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an employment contract without a clear termination time.

A labor contract with a term of completion of a certain job refers to a labor contract in which the employer and the employee agree that the contract period is to complete a certain work.

Therefore, if the employer and the employee sign a fixed-term labor or basic contract, the maximum period shall be negotiated by both parties. If an indefinite-term labor contract is signed, there is no need to determine the termination time.

Legal Analysis: According to the provisions of the Labor Contract Law, the Labor Contract Law does not clearly stipulate the term of the labor contract, and the term of the labor contract is divided into three types: fixed term, indefinite term and limited to the completion of the task.

Legal basis: Article 12 of the Labor Contract Law of the People's Republic of China Labor contracts are divided into fixed-lease and fixed-term labor contracts, indefinite-term labor contracts and labor contracts with a period of completion of certain work tasks. Article 13 A fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the time for termination.

The employer and the employee may enter into a fixed-term labor contract if they reach an agreement through consultation. Article 14 An indefinite labor contract refers to a labor contract in which the employer and the employee agree that there is no definite 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.

Legal Analysis: The length of service is counted from the date when the employee signs the Labor Contract with the employer. Before the implementation of the "Labor Contract" system, the length of service was counted from the day when the employee reported to the employer and officially went to work.

Before the implementation of the "Labor Contract" system, the length of service is subject to the rapid training of the file seniority; After the implementation of the "Labor Contract" system, the length of service is counted from the one acre of Qiweitian where the employee's social insurance file is filed.

Legal basis: Labor Contract Law of the People's Republic of China Article 10 A written labor contract shall be concluded to establish a labor relationship.

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.

1. In the event of a dispute due to the absence of a fixed labor period, if the conditions for the conclusion of an indefinite-term labor contract under Article 14 of the Labor Contract Law have been met, it shall be regarded as an indefinite-term labor contract unless the employee proposes to conclude a fixed-term labor contract. 2. If it does not meet the conditions for the conclusion of an indefinite-term labor contract, it cannot be regarded as an indefinite-term labor contract, but shall be regarded as a fixed-term labor contract, and the term shall be from the date of employment. At the same time, the two parties shall be ordered to negotiate the term for the replacement of the labor contract.

If the negotiation fails, the employer may terminate the labor contract, but shall pay economic compensation to the employee in accordance with the law.

Article 15 of the Civil Code stipulates that a labor contract with a term of completion of a certain task refers to an employment contract in which the employer and the employee agree that the completion of a certain work is the term of the contract. The employer and the employee may reach a consensus through consultation and may conclude a labor contract with a time limit for the completion of a certain work task.