What should I do if the probationary period is less than one month and I have not signed a contract

Pay according to the agreed salary and the actual number of days you work. If the probationary period is less than one month and the employee is dismissed without signing the contract, the contract can be terminated if the employer confirms that he does not meet the employment requirements, but the salary must be settled in accordance with the law. If the employer terminates the contract in accordance with Article 39 of the Labor Contract Law, it is not required to pay severance payment.

Legal analysis

If there is no probationary period without signing an employment contract, but only an agreed probationary period without signing a labor contract, the probationary period shall be deemed to be the duration of the employment contract, and if there has been an actual employment between the employer and the employee for one month, and there is still no written employment contract, the employee may request the employer to pay twice the monthly salary as compensation, and at the same time, the probationary period cannot be dismissed without reason, and if the employer is at fault, the employee may request the payment of corresponding compensation. You can protect your legitimate rights and interests by applying for labor arbitration. Employees who do not sign a labor contract can get the following remuneration: 1. Labor remuneration payable by employees; 2. If the labor contract is not signed within one month from the establishment of the labor relationship, the company will pay double the salary within one year according to the law.

Specifically, if the company has not signed a labor contract for more than one month but less than one year from the date of employment, it must not only pay the wages payable according to the regulations, but also pay an additional double of the wages as punitive damages, and the maximum payment time is 11 months. It is recommended to negotiate first, and if the negotiation fails, you can apply for labor arbitration or file a labor lawsuit to protect your rights.

Legal basis

Labor Contract Law of the People's Republic of China Article 39 The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

If there is no probationary period without signing an employment contract, but only an agreed probationary period without signing a labor contract, the probationary period shall be deemed to be the duration of the employment contract, and if there has been an actual employment between the employer and the employee for one month, and there is still no written employment contract, the employee may request the employer to pay twice the monthly salary as compensation, and at the same time, the probationary period cannot be dismissed without reason, and if the employer is at fault, the employee may request the payment of corresponding compensation. You can protect your legitimate rights and interests by applying for labor arbitration.

Legal Analysis: If the employee does not sign a labor contract during the probationary period, if the employer proves that the employee does not meet the employment requirements, there will be no dismissal compensation at the time of dismissal, but the employee can claim double salary compensation.

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, and good faith. 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.

Legal analysis: The probation period is one month, and the employee is dismissed without signing the labor contract. The salary of the employee during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated. If it is proved that the company does not meet the employment conditions during the probationary period, the employer may terminate the labor contract. However, the employer must prove that the employee does not meet the employment requirements.

Legal basis: Article 20 of the Labor Contract Law of the People's Republic of China The salary of an employee during the probationary period shall not be lower than 80% of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Summary. Article 82 of the Labor Contract Law.

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.

What should I do if the probationary period is less than one month and I have not signed a contract and I am dismissed, how can the salary be counted as less than a month, and I am dismissed without signing a contract.

Hello, in this case, the salary is calculated according to the actual number of days worked.

Can I apply for double salary?

He didn't sign me for a labor wage.

Is it illegal. Don't you have to sign an employment contract on the first day of work?

Article 82 of the Labor Contract Law provides that 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 wages for each month of employment.

The meaning of this article is that if you do not sign a labor contract within one month, but do not sign a labor contract for more than the first month, you will be paid twice the salary every month from the second month.

If you are dismissed less than one month after joining the company and have not signed a labor contract, you can request the employer to pay a certain amount of economic compensation. The premise is that the employee has not seriously violated the rules and regulations of the employer; Proven ineligible for employment during the probationary period; being investigated for criminal responsibility in accordance with law.

Article 46 of the Labor Contract Law of the People's Republic of China An employer shall pay economic compensation to an employee under any of the following circumstances: (1) The worker terminates the labor contract in accordance with 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 agrees to terminate 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.