What should employees do if they are unwilling to sign a contract with the company under the new Lab

According to the provisions of the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, if the employee does not enter into a written labor contract with the employer within one month from the date of employment, after being notified in writing by the employer, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay economic compensation to the employee, but shall pay the labor remuneration for the actual working time to the employee in accordance with the law.

I'm a fourth-year law student, and your first question is very vague, but I want to make it clear when you are reluctant to sign a contract with a company.

The second question is that the new labor law stipulates that employees have the right to unilaterally terminate the contract, but they must notify the company 30 days in advance.

I don't quite understand what you mean, according to your statement, are your employees still on probation? If so, Article 32 of the Labor Law stipulates that during the probationary period, the employee may terminate the employment contract at any time by notifying the employer, and the company has no right to stop it.

In addition, Article 31 of the Labor Law stipulates that if an employee violates the provision of 30 days' written notice to the employer, and the employer requests the employee to compensate for economic losses, the court may uphold it in accordance with the law, because this provision is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract. Where an employer requests an employee to continue to perform the labor contract, the people's court shall not support it.

Of course there is a way!

First of all. Post.

Inform employees when to come to Human Resources.

Sign an employment contract.

And call the employee.

Sign. Employees are still reluctant to sign up.

Call the employee. Write it down.

Basis. The content includes: the reasons for the reluctance to sign, the consequences of self-responsibility, and the time to stay) as long as these written evidence are retained.

Don't be afraid.

Find someone to do it together with the company.

Legal analysis: If the company does not sign a contract with the employee, the employee may request the employer to pay double wages one month after the date of employment. 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 not entering into an indefinite-term labor contract with the first initiator of labor regulations, 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 have been concluded.

Lodge a complaint with the Labor and Social Security Inspectorate demanding the signing of a labor contract and the payment of double wages for those who have not signed a labor contract. If the employee dissolves or terminates the labor (contractual) relationship on this basis, the company shall pay double wages and economic compensation.

You can file a complaint with the labor department or ask the company for compensation.

To establish a labor relationship, a labor contract must be signed, otherwise it violates the provisions of Article 10 of the Labor Contract Law, infringes upon the legitimate rights and interests of the employee, and must bear the legal responsibility of paying twice the salary stipulated in Article 82. The period is counted from the day after the completion of one month of service, but not more than 11 months.

Therefore, it is illegal for a company not to sign an employment contract with an employee.

It is a labor dispute and can be resolved by applying for labor arbitration.

In reality, this is a lot of the case. If the employee likes the company very much and wants to stay in the company, but the other party is unwilling to sign the labor contract, the employee should pay attention to collecting and preserving evidence of the existence of the relevant labor relationship. For example, clocking in at work, work scenes, ** video and all witnesses, physical evidence, etc., are available for backup, so as to help protect their rights.

If the employer does not sign a labor contract with the employee within one month, he can file a complaint with the labor department and ask for double compensation.

You can go to the labor bureau to denounce the company, which is illegal.

This is not good for the company itself, and if the employee leaves within a year, the company will have to pay double the salary.

An employment contract is required by law and cannot be waived. According to the provisions, if the employee does not sign a contract within one month after the employer notifies the employee, the employer shall notify the employee in writing to terminate the labor relationship, and if you do not conclude a written labor contract, you shall pay the employee twice the monthly salary. According to 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 employment relationship, and shall not pay economic compensation to the employee, but shall pay the employee the labor remuneration for his actual working time in accordance with the law.

According to Article 82 of the Labor Contract Law, 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. Therefore, the employer should pay double wages when the employment relationship is terminated. If the payment is not made, the employee may apply for labor arbitration.

In addition, if the employment contract is not signed, the employee can terminate the relationship at any time without being liable for compensation. In this way, the binding force of the enterprise on the worker becomes weaker. The failure to sign an employment contract can lead to the formation of an indefinite employment contract.

Article 14 of the Labor Contract Law stipulates that if an employer does not conclude a written labor contract with an employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract. This is bad for business. The unit cannot dismiss an employee on the grounds that the probationary officer is not qualified.

The Labor Law and Contract Law stipulate that if an employee is proved to be ineligible for employment during the probationary period, the employer may terminate the employment contract. Therefore, if the contract stipulates the probationary period, the enterprise can dismiss the employee at any time during the probationary period on the grounds that he does not meet the employment conditions without paying severance payment. However, if the labor contract is not signed, there is no question of probationary period, and the dismissed employee must pay economic compensation.

Failure to sign an employment contract still does not exempt the employee from the obligation to pay various social security premiums. The law stipulates that as long as the employment relationship exists, the enterprise shall fulfill the obligations stipulated in the labor law. In case of non-compliance, the worker may file a complaint with the labour inspectorate.

Therefore, the labor contract must be signed, not only to protect the legitimate rights and interests of the employee, but also to protect the legitimate rights and interests of the employer.

Legal basis: 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 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.

Labor accompaniment is legally binding in accordance with the law, and the parties must fulfill their obligations under the labor contract.