Is it okay to sign the labor contract with the labor bureau instead of the company

If you work for the Labor Bureau, then you have to sign a labor contract with the Labor Bureau, and if you work for another unit, then you have to sign a contract with the labor bureau, not with the labor bureau, because you have no labor relationship with the labor bureau.

It seems that you are a dispatch worker. In this case, it is legal for the company to sign a contract with the labor bureau instead of you. But it doesn't matter how much the salary is, and who you sign the contract with.

According to the Labor Contract Law, the labor dispatch entity shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people. A labor dispatch entity dispatching a worker shall enter into a labor dispatch agreement with the entity accepting the employment in the form of labor dispatch (hereinafter referred to as the "employing entity").

The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement. The labor dispatch entity shall inform the dispatched worker of the contents of the labor dispatch agreement. Dispatched workers have the right to equal pay for equal work with the employees of the employing entity.

If the employing unit does not have workers in the same position, it shall be determined with reference to the labor remuneration of the workers in the same or similar position in the place where the employing unit is located.

Lawyer answers

It is useful to sue the Labor Bureau.

Lawyer analysis

It is useful to sue the Labor Bureau.

If the labor contract is not signed, the employee can submit attendance records and other materials that can prove the existence of an employment relationship between the two parties.

The administrative department for labor and social security shall keep the whistleblower confidential, and shall also reward the whistleblower if the report is true.

Legal basis

Article 9 of the Regulations on the Supervision of Labor and Social Security.

Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security.

The administrative department for labor and social security shall keep the informant confidential;

Whistleblowers who report truthfully and provide major clues and evidence for the investigation and punishment of major violations of labor security laws, regulations or rules will be rewarded.

Article 14. Labor and social security inspections are carried out in the form of daily inspections, review of written materials submitted by employers as required, and acceptance of reports and complaints.

If the administrative department for labor and social security finds that the employer has violated labor security laws, regulations or rules, and it is necessary to conduct an investigation and handle it, it shall promptly file a case.

The administrative department for labor and social security or the stool organization entrusted with the implementation of labor security supervision shall set up a mailbox for reporting and complaints.

If a labor agreement is signed with an employer, as long as the employee meets the conditions for establishing an employment relationship, the agreement can be regarded as an employment contract, and the relationship between the employee and the employer is an employment relationship. If an employee and an individual sign a labor agreement, then it is impossible to establish a labor judgment relationship without the subject of the unit, and only an employment relationship exists.

1. Does the salesman have to sign a labor contract?

The salesman must sign a labor contract. The company shall sign a written labor contract with the employee within one month from the employee's employment, and agree on a probationary period when signing the contract. For employees, labor contracts are very important to protect their rights and interests.

According to the regulations, the employer shall establish an employment relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference. To establish a labor relationship, a written labor contract shall be concluded.

2. The difference between a labor contract and a dispatch contract.

1. The units that sign the labor contract are different. A regular employee is a labor contract signed between the worker and the employer, and the employer pays social insurance, and the labor dispute is handled by both the worker and the employer.

2. The units that establish labor relations are different. Regular employees, workers and the employer of work to establish a labor relationship. Scramble.

3. Can the company sign a labor contract with an employee?

The company can sign a labor contract with the employee. If an employment relationship is formed between the company and the employee, an employment contract shall be signed. Labor relationship refers to the legal relationship between the employee and the employer when the labor contract is signed in accordance with the law.

The labor relationship shall be established from the date of employment. In order to establish an employment relationship, a written labor contract shall be concluded. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 10 of the Contract Law of the People's Republic of China on Labor Delay and Residual Movement shall establish a written labor contract. 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.

Legal analysis: If a labor agreement is signed with an employer, as long as the employee meets the conditions for establishing an employment relationship, the agreement can be regarded as a labor contract, and the relationship between the employee and the employer is an employment relationship. If an employee and an individual sign a labor agreement, then the subject matter of the unit cannot establish a labor relationship, and only the employment relationship exists.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. If a labor contract 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 enter into a labor contract before employment, the labor relationship shall be established from the date of employment.

The employer shall sign a written labor contract with the employee; If the employer has not concluded a written labor contract with the employee for more than one month from the date of employment, the employee may request the employer to pay double wages to the employee every month as compensation.

Article 2 of the Notice on Matters Concerning the Establishment of Labor Relations provides that if an employer has not signed a labor contract with an employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties: (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) Certificates that can prove identity, such as the "work permit" and the "service certificate" issued by the employer to the worker; (3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the worker; (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).

When signing a labor contract with the company, the employee should pay attention to the basic situation of the company; Clarify the work content, work location, and labor remuneration; Special attention should be paid to the issue of the probationary period; The payment method and payment time of the remuneration should be clearly marked; Agreement on social insurance and housing provident fund; After the labor contract is sealed, the employee and the employer shall keep one copy each.

We know that the company in preparation is not a company, cannot independently assume legal responsibility, and is not a legal entity. Article 2 of the Labor Law of the People's Republic of China stipulates that "this Law shall apply to enterprises and individual economic organizations (hereinafter referred to as employers) within the territory of the People's Republic of China and the workers who have formed labor relations with them".

An enterprise refers to an economic unit engaged in production, circulation or service activities that implements independent economic accounting. A company in preparation is an independent accounting unit, but has not yet commenced substantial business activities and is therefore not an enterprise. Individual economic organizations refer to individual industrial and commercial households with less than 7 employees, and it is obvious that the company under preparation is not an individual economic organization.

So isn't the company in preparation an employer? According to the company's theory, the responsibility of the company in preparation is borne by the promoter who is responsible for its preparation, and once the company is established, the promoter's behavior in the preparatory process is retroactively regarded as the company's behavior, but if the company is not established, the promoter should be responsible for all debts in the preparatory process. Therefore, we believe that the company in preparation is not the employer, and the initiating talent is the employer.

The promoter can hire employees in the name of an individual and form an employment relationship. Once the company is established, the promoter's employment of employees is considered to be the company's employment of employees. The employee becomes an employee of the company.

On the contrary, if the company fails to establish Rolling, the promoter must still be responsible for the employees and assume all employment responsibilities. Therefore, the employee has the right to ask the company in preparation to sign the employment contract in writing and to ask the promoter to sign the employment contract. Since the company's business license has not yet been obtained, and there is no official seal, there is no need to stamp the labor contract.

However, employees should note that once the company obtains the business license, the company should affix the company's official seal to the employment contract as a retrospective recognition of the employment behavior, so that the initiator's personal behavior becomes the company's legal person behavior.

If only the basic salary is signed in the labor contract, the company can pay less social security, less sick leave pay and maternity allowance, and when calculating overtime wages, the salary signed in the contract is used as the calculation standard for overtime pay. Therefore, it is better to renegotiate the matter of wages.

Article 161 of the Civil Code of the People's Republic of China Civil subjects may carry out civil juristic acts through ** persons. In accordance with the provisions of law, the parties' agreement or the nature of the civil juristic act, the civil juristic act that shall be carried out by the person himself shall not be **. 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 to establish an employment relationship and clarify the rights and obligations of both parties.

A labor contract shall be concluded for the establishment of labor relations. Article 17 of the Labor Law of the People's Republic of China The conclusion and change 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.

Labor contracts must be signed, and Chinese law clearly stipulates that if an employee establishes a labor relationship with an employer, he or she shall sign a labor contract within one month after joining the employer, the purpose of which is to clearly identify the relevant circumstances of the work and avoid conflicts and disputes in the later stage.

1. Is it mandatory to sign an employment contract?

The labor contract must be signed, and the labor contract must be signed after one month of employment. According to Article 10 of the Labor Contract Law, a labor contract shall be concluded for the establishment of a labor relationship, and if a labor relationship has been established and a labor contract has not been concluded at the same time, the labor contract shall be concluded within one month from the date of employment.

According to Article 82 of the Labor Contract Law and Articles 5, 6 and 7 of the Regulations for the Implementation of the Labor Contract Law, if the employee does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay economic compensation to the employee, but shall settle the salary.

2. What is the role of the labor contract?

1. The labor contract is the basic form of establishing labor relations. It is a common practice in all countries of the world to take the labor contract as the basic situation for the establishment of labor relations. This is because the labor process is very complex and ever-changing, and the rights and obligations of contract workers in different industries and units in the labor process are different, and national laws and regulations can only make provisions on common issues, and it is impossible to make specific provisions on the specific rights and obligations of the parties, which requires the signing of labor contracts to clarify rights and obligations.

2. Labor contracts are an important means to promote the rational allocation of labor resources. Employers can determine the conditions and methods for hiring workers according to their deep business or work needs, and make reasonable use of labor force by signing labor contracts of different types and durations.

3. Labor contracts are conducive to avoiding or reducing labor disputes. The labor contract clearly stipulates the rights and obligations of the employee and the employer, which is not only a guarantee but also a constraint on both parties to the contract, which is conducive to improving the consciousness of both parties in performing the contract, and prompting both parties to correctly exercise their rights and strictly perform their obligations. This is because the conclusion and performance of the labor contract is conducive to avoiding or reducing the occurrence of labor disputes and stabilizing labor relations.

As proof of the establishment of labor relations between the employee and the employer, the labor contract has legal effect after the two parties reach an agreement, and both parties shall strictly follow the terms and conditions agreed in the contract after signing, and if one party breaches the contract or refuses to perform the provisions of the clause, it can apply for labor arbitration to deal with it.