What should I do if I don t sign a labor contract for 4 months and dismiss without reason

First of all, you need to obtain evidence of working with the employer for 4 months, and even better if you can obtain proof of your monthly salary, and then report to the employer according to Article 10 of the Labor Contract Law: "To establish an employment relationship, a written labor contract shall be concluded." 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.

and 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 you do not have proof of the monthly wage standard, you can also use the local average salary as a reference.

Ask the employer to pay you another 3 months' wages (if 4 months' wages have already been paid to you). Without evidence of 4 months of work, things are very difficult to do. Good luck.

Legal analysis: When you are dismissed without signing a labor contract, you can apply for labor arbitration and demand payment of double the difference in wages and compensation for illegal termination without signing a written labor contract, and you can claim a total of two and a half months' wages. If the employer does not conclude a written labor contract with the 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.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China 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 not concluding 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.

The company shall sign a written labor contract with the employee within one month from the employee's employment (and the employee shall also sign a labor contract during the probationary period), and if no written labor contract is signed, the employee shall be paid double wages from the second month. However, it is important to note the one-year statute of limitations, which expires month by month for claims for double wages.

The law stipulates that 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.

Article 82 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.

If the company dismisses you without legal reasons, it is illegal to terminate the labor contract, and you should pay 2 months' salary as compensation for every year of service. The salary standard is calculated based on the average salary of the 12 months prior to your departure, which is the average of all salaries.

1. Dismissal without signing a labor contract after 22 months of service shall be calculated according to twice the employee's salary. Compensation for dismissal without signing a labor contract shall be paid to the employee in accordance with the law, and additional severance shall be paid to the employee if the severance is not paid in accordance with the law.

2. If the labor contract is signed, the employer and the employee do not need to pay any economic compensation when the labor contract is terminated when the labor contract expires.

3. Legal basis: Labor Contract Law

Article 47.

Calculation of severance compensation] Severance compensation 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.

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.

Article 82.

Legal Liability for Failure to Conclude a Written Labor Contract] 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.

1. What are the solutions to the problem if the boss does not pay wages when resigning?

If the boss does not pay wages when resigning without signing a labor contract, there are several ways to solve the problem:

1. Negotiate with the boss to solve;

2. The labor arbitration commission of the local labor bureau applies for labor arbitration to get the wages back. The procedure is specifically designed to resolve labor disputes, works very well, and does not require any fees;

3. If you are not satisfied with the arbitration result, you can file a lawsuit with the court;

4. You may file a complaint with the labor inspection agency, which will order the employer to make corrections.

2. What are the issues that need attention?

1. Timeliness. If the applicant applies for labor arbitration, a written application shall be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;

2. Evidentiary issues. Proof of the existence of an employment relationship, such as a colleague, work permit, and work clothes are acceptable.

Summary. Hello dear. If the labor contract is not signed within one month, the salary shall be compensated twice, and the failure of the worker to go to work is a violation of discipline and regulations, not a violation of the law, and the failure to sign a labor contract is an illegal act.

Those who are dismissed because they do not go to work should be dealt with according to the factory discipline and factory rules, and after publicizing it, they can be dismissed after being absent from work after passing the labor union. However, one yard is one yard, and those who have not signed a labor contract should still be compensated. The employer loses in the labor dispute arbitration.

If the labor contract is not signed, but the employee is dismissed because he or she is not responsible for his work and does not go to work, there is a chance of labor arbitration.

Hello dear. If the labor contract is not signed within one month, the employee shall be compensated twice the salary in the imaginary paragraph, and the employee's failure to go to work is a violation of discipline and regulations, not an illegality, and the failure to sign a labor contract is an illegal act. If Ranchong is dismissed because he does not go to work, he should be dealt with according to the factory discipline and factory rules, and after publicizing it, he can be dismissed after being absent from work after passing the trade union.

However, one yard is one yard, and those who have not signed a labor contract should still be compensated. The employer loses in the labor dispute arbitration.

Dear, I hope the above will help you If you are satisfied with me, please give a thumbs up <>

I didn't sign a contract and was fired after half a year of work.

If the employer fails to sign a labor contract with the employee and is dismissed after working for half an acre, the employee may apply for labor arbitration and require the employer to pay the arrears of wages, compensation for 2 months' wages, double wages for 5 months without signing the labor contract, etc. 1. When applying for arbitration in the form of Lao Xunwan, it is necessary to bring the arbitration application, a copy of the ID card, relevant evidence, and the business registration information of the employer (required in some areas). After the case is filed,**.