What should I do if the employer does not sign the contract without one month s notice

Hello, from the above it is not certain whether the problem you encounter is a new employment contract or a renewal of the employment contract, and the following will be answered from two situations.

1. Sign a new labor contract.

1. According to the laws of the People's Republic of China, the employer shall sign a labor contract with the employee within one month from the date of employment.

2. If the employer fails to sign a labor contract with the employee within the time prescribed by law, it shall pay double the wage, and if the labor contract is signed with the employee for more than one year, it shall be deemed to have signed an indefinite contract with the employee.

2. Renew the labor contract.

1. According to the provisions of the Labor Contract Law, upon the expiration of the labor contract, the employer shall pay severance unless the employer maintains or improves the conditions of the labor contract and the employee does not agree to renew the labor contract.

2. Economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of 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.

Monthly wage refers to the average salary of the employee in the 12 months prior to the termination or dissolution of the labor contract).

3. The law does not stipulate that 30 days' notice is required to renew the labor contract.

Generally, the unit will first ask you if you want to renew the contract, if you want to renew it, he doesn't want to renew it, then the unit will compensate you, depending on whether you want to sign it, if you don't want to sign it, there may be no compensation.

Legal analysis: The expiration of the labor contract also needs to be notified one month in advance of whether to renew the attitude, which is the same for both the employer and the employee, and under normal circumstances, the company will issue a relevant notice to the employee one month before the expiration of the labor contract, in which the company's opinion will be indicated and the employee's personal opinion will be solicited, which is theoretically to be notified in advance.

Legal basis: Paragraph 5 of Article 46 of the Labor Contract Law of the People's Republic of China stipulates that if the employer maintains or improves the terms and conditions of the labor contract and the employee does not agree to renew the labor contract, the employer shall pay economic compensation to the employee if the fixed-term labor contract is terminated due to the expiration of the labor contract.

Legal analysis: If you do not sign a labor contract, the employer shall pay you double your salary from the second month, pay social insurance, and pay economic compensation for the termination of the labor relationship.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall be based on the principles of legality, fairness, equality, voluntariness, consensus and good faith. The labor contract concluded in accordance with the law shall be binding on the relationship between the employer and the employee, and the employer shall perform the obligations stipulated in the labor contract.

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.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

When the labor contract expires, there is no need to give 30 days' notice, let alone pay 1 month's notice in lieu of notice.

Article 40 of the Labor Contract Law stipulates that under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary: 1) The employee is sick or injured not due to work, and cannot engage in the original job after the expiration of the prescribed medical treatment period, nor can he or she be able to work in the university arranged by the employer; (2) The worker is incompetent for the job, and is still incompetent for the job after training or adjustment of the work post; (3) The labor contract has undergone major changes in the objective circumstances on which it was concluded, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.