After I left the company without signing the labor contract, I was asked to compensate for the loss

1. The wages of the workers involved in the labor dispute compensation are the average wages of the 12 months before the termination of the labor relationship, including the wages during the probation period. Therefore, according to the situation you expressed, you should be compensated according to the salary standard of the probationary period;

2. Only direct economic losses shall be compensated for the losses caused, and shall be calculated according to the actual proportion of liability, if it can be determined.

3. The employer shall pay social security for the employee. If the employer transfers its share to the employee, it is a violation of labor laws and regulations, so it is legal and legitimate for you to ask the employer to refund the share it bears.

Hello. If the company is not at fault, such as not paying social security, not paying wages in full immediately, etc., when applying in writing 30 days in advance, of course, the probationary period can be carried with three days' notice, and the company will generally deduct part of the salary; If the company is at fault, you can terminate the contract at any time and can claim compensation from the company.

If the company does not sign a written labor contract, which is illegal, you can ask for double wages, and you go to three months, that is, you ask for two months of double wages; If the negotiation fails, you can apply for labor arbitration.

If the employer has worked for more than one month and has not signed a labor contract, double wages shall be paid.

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.

Article 7 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 within one year from the date of employment, it shall comply with Article 1 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.

Article 82 stipulates that a worker shall be paid twice the monthly wage, and it shall be deemed that an indefinite labor contract has been concluded with the worker on the date of the expiration of one year from the date of employment, and a written labor contract shall be immediately concluded with the worker.

Legal Analysis: If you do not have an employment contract, you can claim double wages from the second month of employment to one year, generally 11 months' wages, and 1 month's salary as severance for terminating the contract.

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

Article 16 The labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract. The employer and the employee shall each hold one copy of 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 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage. If the employer violates the provisions of this Law by not concluding an indefinite-term labor contract with an employee, the employee shall be paid twice the salary for each month of absence from the date on which the indefinite-term labor contract should be concluded.

It should not be necessary to compensate, although you have not signed a labor contract with the company, you have worked in the company for a long time, it is a de facto cooperative relationship, and you are regarded as a regular employee of the company. During the working period, if an employee leaves the company due to mistakes or intentional damage to the interests of the company, the employee can only leave after compensation; If the employee has left the company and causes damage to the company in the name of the company's employees, it is a crime, not only to compensate for the loss but also to accept legal justice; If the company is not damaged by the will and behavior of the departing employee after resignation, the company will not be compensated for the loss.

If you want to resign, try to write a resignation report one month in advance, so it will be beneficial for you and him.

After leaving the company without signing a labor contract, the company said that it had caused losses to the company and demanded compensation.

Dear friends, if an employee without a labor contract causes losses to the company after leaving the company, and the employee has already left the company, the employer shall not claim compensation for the loss caused by the employer. The legal basis is as follows: Article 16 of the Interim Provisions on Payment of Wages provides that if an employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract.

Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum surplus wage standard.

Legal analysisIf the labor contract is not signed, the employee can claim double wages from the second month of work to one year, generally calculating 11 months' wages, and can also claim 1 month's salary for the termination of the contract. Generally speaking, if a labor contract is not signed, it can be regarded as an indefinite contract, and the employer can terminate the contract by paying severance for terminating the contract.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. 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.

Legal basisXi Chongzhi: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. 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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.