Is there a subsidy after leaving the company without signing an employment contract? 5

If the employee resigns voluntarily without signing an employment contract, the employer is not required to pay severance and there is no subsidy.

If the employer has not signed an employment contract with the employee, the employee may request the employer to pay double wages.

Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

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.

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.

The probationary period should be included in the employment contract, and you must first prove the facts of employment with the company, and then talk about severance benefits.

Legal analysis: Resignation without signing an employment contract is compensated, and it is illegal for an employer not to sign a labor contract with an employee, and compensation should be paid to the employee.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee 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 the inspection and indication 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 labor contract may be terminated if the employer fails to report to the employee through consultation.

There is no economic compensation for the voluntary resignation of the employee; However, if the employer has not signed a labor contract with the employee for more than one month, the employee may claim compensation of twice the difference in wages in accordance with the law.

Legal basis] Article 82 of the Labor Contract Law provides that 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.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with a trouser shack worker, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

If the employee resigns without signing a contract for more than one month from the date of employment, he or she shall be compensated with double wages, and generally there shall be no economic compensation, except for any of the following circumstances: the employer fails to pay social insurance premiums for the employee in accordance with the law; Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; Failure to pay labor remuneration in full and in a timely manner; Other.

Legal basis. Article 38 of the Labor Contract Law of the People's Republic of China.

The employee may terminate the labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract of the Consumer Affairs Department;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.