What procedures do I need to go through if I have worked for two years and have not signed a labor c

The employee proposes to terminate the labor contract through consultation with the employer; The employee may terminate the labor contract by giving 30 days' notice to the employer; If the employer has the circumstances specified in Article 38 of the Labor Contract Law, the employee may also have access to the old contract.

The employee can mail the notice of termination of the labor relationship to the employer by courier or ** letter, so as to facilitate the preservation of evidence. If the employer does not pay the employee's wages or does not go through the resignation procedures for the employee, it may apply for labor arbitration.

Labor Contract Law

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker may terminate a 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.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

1. If you can prove that you have worked for two years before, the employer has not signed a labor contract with you, and has not paid social security in accordance with the regulations, then you do not have to resign 30 days in advance, and you can resign immediately; Because it belongs to the unit, the first violation is the first.

2. The unit seized 2,000 yuan from you, do you have any vouchers in your hand? Because if you go to the arbitration, you need to submit evidence that the unit has seized your wages, and it is impossible for you to say that it has been seized, and there must be relevant proof.

Generally speaking, the company doesn't want to make a big deal out of it, if you can prove that the company has not paid social security to you for more than a year, then your unit still has to pay a lot of late fees, so try to negotiate it, it should not be a big problem.

1.According to the Labor Contract Law, you only need to submit a written resignation report one month in advance, and if you leave the company one month later, the company will not be able to deduct a penny of your salary under any excuse, and it has nothing to do with whether you have a project or not.

2.If the company deducts your wages and unpaid insurance, you can apply for labor arbitration to settle it.

You can go to your local labor arbitration body and they will give you advice.

If you do not have an employment contract and you have worked for two years, you can first claim double wages from the second day of employment to the day before the expiration of one year. At the same time, after one year, it is deemed that you have signed an indefinite labor contract with the company.

Now if you want to resign, you can terminate the employment contract with the employer on the grounds that the employer has failed to pay social insurance premiums for the employee in accordance with the provisions of Article 18, Paragraph 6 of the Implementing Regulations of the Labor Contract Law.

You can negotiate with the company first, and if not, you can go to the labor arbitration commission.

You can simply submit your resignation. After the approval of the company, go through the resignation procedures.

If the employer does not agree, you can file a labor arbitration to terminate the employment relationship and demand double wages on the grounds that the employer has not signed the labor contract and violated the Labor Contract Law.

Although there is no Labor Contract Law, there is a de facto employment relationship, and it is necessary to resign in accordance with the procedures stipulated in the Labor Contract Law. If you have not paid social security, it is recommended that you resign on the grounds that you have not paid social security and ask for compensation based on the number of years of service.

I've been working for the employer for almost two years and I haven't signed an employment contract. Now I'm quitting my job, what should I do?

You can simply submit your resignation in writing. After the approval of the company, go through the resignation procedures.

If the employer does not agree, you can also afford to file a labor arbitration, because the employer has violated the law (provided that you are the subject of the employment relationship) and demanded the termination of the employment relationship and the demand for double wages on the grounds that the employer has not signed the labor contract and violated the Labor Contract Law.

The employer may sign a written labor contract within one month, and if it fails to sign it, it may request double wages from the time of one month, up to a maximum of 11 months, and if it is not signed after one year, it will be regarded as an indefinite term labor contract.

The termination of a labor contract (including an oral labor contract) may be terminated in accordance with the law.

Check it out for yourself to see which article of the Labor Contract Law is beneficial to you.

If you do not sign a labor contract after two years of work, the enterprise has seriously violated the law, and there is no labor contract, you can resign at any time without 30 days in advance, but you must keep all the evidence of working in the enterprise and submit a request for double salary compensation from the enterprise to the labor department.

If you want to resign, resignation is your freedom and right. The question is whether you are unwilling and whether you want compensation.

I find you really a fool. Generally, the normal work unit has to sign a labor contract within the first month, and you will have to compensate twice your salary every month after the first month, depending on what your reason is for his resignation, if it is not justified, you can compensate twice the salary, you go directly to the arbitration tribunal, because the amount is very large.

The Labor Contract Law stipulates that if the boss does not sign a labor contract with the employee for more than one year, it is regarded as an indefinite labor contract, and labor disputes are also protected by the Contract Law!

You can apply in writing for normal resignation, and if you don't have a contract, you have to add two months' salary as financial compensation!

Does the factory pay social security for you?

Simple end: submit a resignation report and wait for the company's approval.

Think more complicated: tell the company that it's illegal. (Labor law) to see how the company responds. Negotiate a settlement.

Hello, No. 1. If the company does not pay social security, it can request to pay social security. Clause.

2. If the company has not signed a contract, it is an illegal act, and the company may be required to pay double the salary for not signing a written labor contract. Clause.

3. If the company terminates the labor contract illegally, it will also be liable for compensation, and the standard of compensation is twice the economic compensation. If the employee resigns, he or she may request the employer to pay severance payments. Clause.

4. If you have worked in the company for one year, the company will also pay unemployment insurance benefits. Clause.

5. If the company has overtime work, it must pay overtime wages and additional compensation according to the statutory standards. Clause.

6. If the company deducts wages, it should also pay wages in full and pay additional compensation For the above disputes, if you cannot negotiate, you can go to the labor inspection department to complain, or you can file a labor arbitration, and if you are not satisfied with the arbitration result, you can entrust a lawyer to file a lawsuit with the people's court.

Labor Dispute Mediation and Arbitration Law Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

After the establishment of the labor relationship, if the employee does not sign the labor contract, the employee who voluntarily leaves the company also needs to pay compensation, in addition, the employee can also request the company to pay double the salary for the period when the labor contract has not been signed. According to the law, the maximum time for double pay to be paid is 11 months.

1. Is there any compensation for voluntary resignation without signing a labor contract after two years of work?

There is compensation. The employer may be required to pay severance and double wages for those who have not signed a labor contract: the severance compensation shall be paid one month's salary to the worker for each full year of service in the employer (one month for six months and less than one year, and half a month for less than six months).

The double salary without a labor contract shall be calculated at twice the monthly wage standard from the second month of employment of the employee (the calculation time shall not exceed 12 months), and the payment shall be subtracted from the salary paid by the company during this period.

In addition, the company can also claim through legal procedures that the company should pay the social insurance premiums for the duration of the employment relationship.

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

If the company determines that the employee cannot continue to be employed due to business adjustments, the employee shall be paid one month's salary for each full year of service in the company. 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 worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation to be paid to him shall be three times the average monthly salary of the employee, and the annual allocation or limit of the economic compensation to be paid to him shall not exceed 12 years. If the employee's monthly salary is not higher than three times the amount mentioned above, there is no limit on the number of years of payment, and it can exceed 12 years. If the monthly wage of the worker is low and rolls over to the local minimum wage standard, it shall be calculated according to the local minimum wage standard.

3. Do I need to inform the employer in advance if I resign without a labor contract?

The company shall sign a written labor contract with the employee within one month from the employee's employment, and if no written labor contract is signed, the employee shall be paid double wages from the second month. During the probationary period, the employee can submit the resignation in writing 3 days in advance, and if the probationary period is over, the employee should submit the resignation in writing 30 days in advance. Employees can request the company to settle the full salary within three working days, leave early or voluntarily, and the company has no right to deduct money.

If the employee does not sign the labor contract after work, there is also compensation for voluntary resignation, and due to the company's own reasons, the employee needs to pay a certain amount of economic compensation according to the employee's working hours in the company. Severance cannot be paid for more than 12 years, and if the employee's monthly salary is higher than the local average wage, the severance should be paid according to the employee's monthly wage.

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. According to the first paragraph of 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 that establishes an employment relationship and specifies the rights and obligations of both parties.

According to this agreement, the worker joins an enterprise, individual economic organization, public institution, state organ, social organization and other employers, becomes a member of the unit, undertakes certain types of work, positions or duties, and abides by the internal labor rules and other rules and regulations of the employer;

The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of the labor provided by the employees, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the employees enjoy labor protection, social insurance, welfare and other rights and benefits.

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 number of hours worked, the monthly salary, etc., the employer can prove it by using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences.