How do migrant workers sign labor contracts? Do I need to sign a contract for part time work?

1. According to the provisions of the Labor Contract Law, 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. The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

2. The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

Legal basis: According to the Labor Contract Law

Article 16 The labor contract shall be agreed upon by the employer and the worker 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 17 The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

1. It is the responsibility of the employer not to sign the labor contract, you can ignore it, and you don't have to worry about it, the legal risk of employment lies with the employer. 2. Social insurance is prescribed by the state and shall be established from the date of employment, regardless of whether the labor contract is signed or not, it is illegal for the employer not to handle it. It is also illegal to pay labor remuneration in insufficient amount, and you can only deduct 220 yuan for three days of leave according to the regulations, and the practice of the unit is a malicious deduction.

3. When you don't want to work in this unit anymore, you can request the employer to pay double wages one month after the date of employment in accordance with Article 82 of the Labor Contract Law. At the same time, it is required to supplement all social insurance. 4. If the unit does not pay, apply for labor arbitration, and win the lawsuit 100%, so there is no need to worry now.

However, it is necessary to pay attention to the collection of evidence that can prove the labor relationship5. The illegal acts of the employer can also be used as a reason for your legal resignation, not only is it not subject to the 30-day restriction in advance, let alone approval, you can leave immediately, and you can also claim one month's salary for each year of work in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law.

It is illegal for the unit to deduct your salary, go to the local labor inspection commission to report the illegal behavior of the enterprise, ask the unit to sign a labor contract with you, pay statutory insurance premiums, and pay the deduction of your wages

Deduction of wages depends on the rules and regulations of the enterprise. Individuals are to comply. If you have not signed a labor contract for more than one month, you must report it to the labor inspectorate.

Legal Analysis: Yes, it is illegal not to sign a labor contract. 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.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

Legal basis: Labor Contract Law of the People's Republic of China Article 82 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.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

If an employment relationship is established with an employee, it should be an employment contract rather than an employment contract. It is the legal obligation of the company to pay social security (including pension, medical care, unemployment, maternity and work-related injury insurance) in accordance with the law, which is a mandatory provision. Article 58 of the Social Insurance Law stipulates that an employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees.

If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

Article 2 of the Notice on Matters Concerning the Establishment of Labor Relations Article 2 When an employer signs a labor contract with an employee, it may refer to the following documents when determining the existence of a labor relationship between the two parties: (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) The employer disburses it to the worker"Work permit"、"Service card"and other documents that can prove the identity of the Wukong faction; (3) Recruitment and recruitment by the employer filled in by the worker"Registration form"、"Registration form"and other recruitment records; (4) Attendance records; (5) Testimony of other workers, etc. Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

The work must sign a labor contract, and a written contract should be signed. The employer shall establish an employment relationship with the employee from the date of employment, and shall conclude a written labor contract for no later than one month. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

An employment contract is an agreement between the employee and the employer to establish the employment relationship and clarify the rights and obligations of both parties.

Article 7 of the Interim Provisions on the Payment of Wages Article 7 Wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

Article 9 of the Law on Mediation and Arbitration of Labor Disputes stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the employee may file a complaint with the labor administrative department, which shall handle it in accordance with the law.