Can I pay double my salary without signing an employment contract?

Updated on workplace 2024-04-26
6 answers
  1. Anonymous users2024-02-08

    Semi-annual bonus, that is, one year from the day after the end of the employer's illegal act of not signing a written labor contract, if the senior management requests the employer to pay twice the monthly salary on the grounds that the two parties have not signed a written labor contract, it is deemed that the two parties have entered into an indefinite labor contract.

    4. After the expiration of the labor contract, it shall be renewed in accordance with the provisions of Article 42 of the Labor Contract Law.

    5. Monetary income such as bonuses, allowances and subsidies. The employee's monthly salary includes a quarterly bonus

    1;If the employee has worked for the employer for one year and the employee continues to work for the employer, and the employer has not concluded a written labor contract with the employee for more than one month but less than one year, and the employee requests the employer to pay twice the monthly wage, it shall be supported if it proves that both parties have labor rights and obligations and have actually fulfilled them. If the employer fails to conclude a written labor contract with the employee for more than one year, the labor and personnel dispute arbitration commission and the people's court shall accept it in accordance with law.

    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 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 wage from the date on which the open-ended labor contract should be concluded, and the dispute over the employee's claim that the employer should pay twice the monthly wage because the employer has not signed a written labor contract with the employee shall be determined according to the employee's due wages for that month, including hourly wages or piece-rate wages and overtime wages. Where an employee requests the employer to pay twice the monthly salary for failure to sign a labor contract during the renewal period of the labor contract, it will not be supported. The statute of limitations for the employee to apply for arbitration shall be governed by the provisions of Paragraph 1 of Article 27 of the Mediation and Arbitration Law, and the statute of limitations for the employee's application for arbitration shall be calculated for one year from the day after the expiration of one year, and the employer shall pay twice the monthly salary for failing to sign a written labor contract with the employee.

    2. After the expiration of the labor contract and the year-end bonus, it shall be determined according to the actual amount of bonus due in the month after apportionment, and the employer has not signed a written labor contract with its senior management, but the employer can provide an appointment decision or appointment letter.

    At the same time, the following issues should be noted.

  2. Anonymous users2024-02-07

    Yes, according to the Labor Contract Law and other relevant laws and regulations, the employer shall conclude a labor contract with the employee from the date of establishment of the labor contract, and if the labor contract is not signed, it shall pay the employee twice the salary from the second month, and if the labor contract is not signed after one year, it shall be deemed to have signed an indefinite labor contract. However, if the labor contract is not signed, double wages are time-barred, and the employee should have known that his rights and interests have been infringed within one year from the date on which he or she should have applied for arbitration to protect his rights.

  3. Anonymous users2024-02-06

    If you do not sign a labor contract, you may be required to pay double your salary for a period of more than one month to one year according to the provisions of the Labor Contract Law. After one year, for one month per night, the salary that can be demanded will be reduced by one month.

    1. 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 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.

    2. Article 27 of the Labor Arbitration Law stipulates that the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

  4. Anonymous users2024-02-05

    If the employer has not signed a labor contract to pay double wages, the employee may request the employer to pay the wages in the following ways: negotiate with the employer; Apply to the Labor Dispute Arbitration Commission for arbitration; If you are dissatisfied with the arbitral award, you should file a lawsuit with the people's court; Other.

    [Legal basis].Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

    In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; Unless otherwise provided for in this Law, a lawsuit may be filed in the people's court.

  5. Anonymous users2024-02-04

    If the labor contract is not signed, the calculation of double wages shall start on the day after the expiration of one month from the date of employment, and the deadline shall be the day before the written labor contract is supplemented; The calculation standard shall be determined according to the monthly wage of the employee's actual monthly income after deducting overtime wages, non-routine bonuses, benefits, risks and other items.

    1. Can the boss rely on the boss if he does not sign a labor contract?

    According to the labor law, a written labor contract must be signed. According to Article 82 of the Labor Contract Law and Article 6 of the Regulations for the Implementation of the Labor Contract Law, if an employer fails to conclude a written 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. The commencement date for the payment of double wages per month 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.

    So, according to your situation, if you have actually worked for 6 months, then you will be paid the original salary in the first month, and double the salary every month from the second month.

    2. How to calculate double salary for 11 months.

    Double wages can be paid for up to 11 months, and the employer shall pay double wages to the employee every month from the day after the expiration of one month from the date of employment, and the deadline shall be the day before the supplementary labor contract. If the labor contract has not been signed within one year from the date of employment, double wages shall be paid from the day after the expiration of one month from the date of employment to the day before the expiration of one year, and the contract with an indefinite term has been signed on the day of the expiration of one year.

    3. Can the date of signing the labor contract be later than the start time of the contract?

    1. The date of signing the labor contract can be later than the start time of the contract, and the labor contract can be concluded in advance or postponed, but not more than one month. The date of signing of the labor contract is based on the date of signing, and in order to protect the legitimate rights and interests, it is best to conclude the contract first.

    2. According to Article 5 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, if the employee does not enter into 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 labor remuneration for the actual working time to the employee in accordance with the law.

    Article 6 If 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 salary in accordance with the provisions of Article 82 of the Labor Contract Law and make up a written labor contract with the worker.

    If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

    The starting point for the employer to pay twice the monthly wages to the employee as provided for in the preceding paragraph 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 supplemented.

  6. Anonymous users2024-02-03

    As long as the employee can prove the employment relationship, the employer can request the employer to pay double the salary from the second month of employment. A maximum of 11 months is given.

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