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An employment contract must be signed within one month of employment. The Labor Contract Law clearly stipulates that if an employment 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, that is to say, the company shall sign a written labor contract with the employee within one month from the date of employment, and a probationary period shall be agreed upon when the labor contract is concluded.
If the employer fails to sign a labor contract within one month, then according to 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.
The starting date for the employer to pay twice the monthly salary to the employee is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is re-concluded. )
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If the employer does not sign a labor contract with the employee for more than one month, the employee may request the employer to pay double wages for the unsigned labor contract from the second month (starting from the second month of employment, up to 11 months), and the labor arbitration statute of limitations is one year from the date of the employee's resignation.
Labor Contract Law of the People's Republic of China
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.
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An employment contract must be signed within one month of employment. The Labor Contract Law clearly stipulates that if an employment 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, that is to say, the company shall sign a written labor contract with the employee within one month from the employee's employment, and a probationary period shall be agreed upon when the labor contract is concluded.
If the employer does not sign a labor contract within one month, then according to 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.
The starting date for the employer to pay twice the monthly salary to the employee is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is settled. )
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The labor contract shall be signed within one month from the date of employment.
1.If the employee does not sign the contract, the employer shall notify the employee in writing to terminate the employment relationship without paying economic compensation to the employee. Within one month from the date of employment, the employee does not enter into a written labor contract with the employer after being notified in writing by the employer; The employer shall notify the employee in writing to terminate the employment relationship.
2.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. Double wages are calculated from the first month after the date of employment to the employee's actual working hours, but not more than 11 months.
If a dispute arises between the two parties regarding the labor contract, labor arbitration may be initiated.
Labor arbitration is generally divided into four steps: the application of the parties, the examination and acceptance, the preparation of the draft of the arbitration prospect, and the arbitration hearing.
2. Review and acceptance: If the labor arbitration application meets the requirements, the labor dispute arbitration commission shall make a decision to accept or not accept the application within five working days from the date of receipt of the arbitration application.
3. Amendment and preparation for arbitration: The arbitration commission shall form an arbitral tribunal within seven days from the date of filing of the labor dispute case that it decides to accept.
4. Arbitration hearing: The arbitral tribunal shall notify the parties in writing of the date and place of the arbitration tribunal five days in advance; If the parties have a legitimate reason, they may request an extension three days in advance.
Legal basis] Article 5 of the Regulations for the Implementation of the Labor Judgment Contract Law provides that within one month from the date of employment, the employee does not enter into a written labor contract with the employer after being notified in writing by the employer; 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 labor remuneration for the actual working time in accordance with the law.
In accordance with the Labor Contract Law.
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