Is it illegal not to sign a labor contract?

If it is illegal, double wages can be claimed. In accordance with the current labor laws and regulations, the employer shall establish an employment relationship with the employee from the date of employment. A written labor contract shall be concluded for the establishment of a labor relationship, and if a labor relationship has been established but 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 employer and the employee may enter into a fixed-term labor contract or an indefinite-term labor contract if they reach a consensus through consultation. 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 10 of the Labor Contract Law stipulates that "a written labor contract shall be concluded to establish an employment 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.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

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." "If the company fails to sign a written labor contract with the employee in accordance with the law, it shall pay the employee twice the monthly salary.

Failure to sign an employment contract on the first day of employment is not an illegal act, and the Labor Contract Law stipulates that it is legal to sign an employment contract within one month.

1.The employee does not sign an employment contract with the employer.

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 pay the employee the labor remuneration for his actual working time in accordance with the law.

2.The employer does not sign an employment contract with the employee.

1) If the employee has worked for the employer for more than one month but less than one year, and the employer has not signed a written labor contract with the employee, the employer shall not only pay the employee double the monthly wage, but also sign a supplementary labor contract with the employee.

2) If the employer fails to sign a written labor contract with the employee after one year of employment, it shall pay the employee twice the salary for 11 months, and shall be deemed to have signed an indefinite labor contract with the employee.

If a dispute arises between the two parties, it can be resolved through labor arbitration. Labor arbitration is generally divided into four steps: application by the parties, review and acceptance, preparation for arbitration, and 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.

III. Preparation for Arbitration: The Arbitration Commission shall constitute an arbitral tribunal within seven days from the date of filing of the labor dispute case that the arbitration commission decides to accept the case.

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 82 of the Labor Contract Law provides 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 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.