The company does not sign a labor contract with us, and the law should pay us how much salary should

During the period when you do not sign an employment contract, you can ask for double wages!

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.

It can be calculated by multiplying the specific amount of salary each month by 2, or it can be calculated based on the average salary. However, double pay is paid for a maximum of 11 months.

Labor arbitration settles the matter! It is completely possible to win the case. You can apply at any time.

1. The unit seriously violates the law, and the Labor Contract Law stipulates that a labor contract should be signed within one month of establishing a labor relationship.

2. Because of the illegal behavior of the employer, you can resign at any time and ask the employer to pay you economic compensation, double salary (up to 11 months), etc., and pay overtime wages.

3. It is a labor dispute, you should file for labor arbitration as soon as possible, you do not need to bear any responsibility, and you can leave your job at any time. The employer does not have the right to garnish any wages.

4. Collect some evidence that can prove that you have an employment relationship with this unit, such as work cards, salary cards, attendance records, etc. Of course, the insurance paid by the employer is the best evidence.

Legal basis. 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.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

Article 82 of the Labor Contract Law 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 you don't sign a contract within a month, you can ask for double wages.

In the absence of an employment contract, double wages can be requested.

How much you need to know how much is going on to give you.

After the employee and the employer agree to sign a labor contract, both parties must each hold a labor contract, otherwise, the employee must communicate with the company's personnel department in time and ask for the labor contract. If the company does not give it, it will be reported to the labor bureau and the labor dispute arbitration commission in a timely manner.

1. How long does it take to terminate the labor contract?

The company agrees to leave the company normally, but in accordance with the company's regulations, handle the work handover, and can leave the company at the end of the month, under normal circumstances, the banquet can be completed in a week to a month, and the employee must get the certificate of termination of the labor contract, social security handbook, and then, go to the labor bureau to apply for an unemployment certificate, in order to complete the procedures.

1. Normal resignation is the termination of the labor contract, and there is no labor relationship between the unit and the employee.

2. After the termination of the labor relationship, the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of files and social insurance relations for the employee within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. If the employer shall pay economic compensation to the worker in accordance with the relevant provisions of this Law, it shall be paid at the time of the handover of the work.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

If you resign, you must apply for resignation 3 days in advance if you are in the probationary period in accordance with the provisions of the Labor Contract Law; In addition, you must apply for resignation 30 days in advance, and then handle the work handover before you can leave the company at the end of the month. Of course, if the company compulsorily requires the company to pay liquidated damages before resigning, then it can be reflected to the labor dispute arbitration commission for processing.

2. What should I do if the contract is renewed and the unit does not issue it to the employee.

If the contract is renewed, the unit shall communicate with the company's personnel department in time and ask for the renewed labor contract. If the employee and the company still refuse to provide the labor contract after requesting, the employee may file a complaint with the labor bureau or initiate arbitration to be handled by the labor dispute arbitration commission.

3. Is it okay for the labor contract unit not to give it to me?

According to the Labor Contract Law, after the employee and the employer sign a labor contract through negotiation, both parties must each hold a labor contract, otherwise, the employee must communicate with the company's personnel department in a timely manner and ask for the labor contract. If the company does not give it to you, then it will be reported to the Labor Bureau and the Labor Dispute Arbitration Commission in time.

Article 16 of the Labor Contract Law.

The labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

If an employer owes an employee wages, the employee has three ways to request payment of wages:

1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

3. If there is an IOU, you can directly sue the court to demand the payment of the salary amount in the IOU.

After signing the labor contract with the employer, if the employer is in arrears of wages, the employee can file a complaint with the human resources and social security bureau where the employer is located. If the conflict cannot be resolved in this way, you can apply to the arbitration commission for labor arbitration and require the employer to pay wages and corresponding economic compensation on time; If you are not satisfied with the outcome of the arbitration, you can also file a lawsuit.

1. Can I dismantle things without paying for work?

It is best not to dismantle at will, arrears of wages to workers, workers have three ways to ask for wages: 1. Workers can go to the local human resources and social security bureau to complain about labor inspection; Pros: Simple way.

Disadvantages: Enforcement may not be very strong in various places; 2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract.

If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Cons:

Applying for labor arbitration is a labor lawsuit, which has a slightly more procedure and requires professional guidance. 3. If there is an IOU, you can go directly to it and ask for the payment of the salary amount in the IOU.

Legal analysis: If a worker goes to work without signing a contract, the enterprise cannot not pay wages, and it is an illegal act for the employer not to pay wages, and the worker can look for proof of the existence of a labor relationship with the employer, such as: work card transaction records (preferably stamped with the official seal), salary card transaction records, wage slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for the employee, attendance records, social insurance payment records, work orders, and colleague testimonies ( As long as the employment relationship between the two parties is proved, the employee may apply for labor arbitration and require the employer to pay double the wages of the employee who has not signed the labor contract, and the employee may request the employer to pay double the wages of the unsigned labor contract (starting from the second month of employment, up to 11 months) and the arrears of wages from the second month, and the labor arbitration statute of limitations is one year from the date of the employee's resignation.

Legal basis: Article 11 of the Regulations on the Supervision of Labor and Social Security The administrative department of labor and social security shall carry out labor security supervision on the following matters:

1) The employer's formulation of internal labor security rules and regulations;

2) The circumstances of the conclusion of a labor contract between the employer and the employee;

3) The employer's compliance with the prohibition of child labor;

4) The employer's compliance with the special labor protection provisions for female employees and juvenile workers;

5) The employer's compliance with the provisions on working hours, rest and vacation;

6) The employer's payment of wages to workers and implementation of the minimum wage standard;

7) The employer's participation in various social insurances and payment of social insurance premiums;

8) Employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions comply with the provisions of the State on employment introduction, vocational skills training and vocational skills assessment and appraisal;

9) Other labor security supervision matters stipulated by laws and regulations.

If you don't pay your salary, you can sue him, and it's already illegal not to sign a labor contract.