After working for one and a half years and not signing a labor contract, can I apply for double sala

In fact, after recruiting workers, the employer must sign an employment contract with the employee in accordance with the provisions of the Labor Law, so that the employee can have the right to be protected by the labor law, otherwise the employer will be illegal and a disguised exploitation. As you said, if you have worked for a year and a half without signing a contract, it is your own fault, and it is meaningless to apply for arbitration, because there is no contractual relationship, and you can leave anytime and anywhere.

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 salary from the date on which the indefinite-term labor contract should have been concluded.

If you have not signed a labor contract and applied for arbitration, it would be good if the employer could give you a salary, but it is impossible to double the compensation, be careful that you can't even get your salary, and the employer has a lot of excuses, so be more careful.

It may not be necessary to support your double salary, but he can compensate you for your social security contributions.

Legal analysis: If the employer fails to sign the labor contract within one month after the employee joins the company, the employee claims the arbitration statute of limitations for double wages because the employee has not signed a written labor contract. 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.

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, negotiation 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 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.

OK. Otherwise, it violates the provisions of Article 10 of the Law on Labor Balance and Uniformity, infringes upon the legitimate rights and interests of the laborer, and shall bear the legal responsibility of paying twice the wages stipulated in Article 82. The period is calculated from the day after the completion of one month of work, but not more than 11 months.

If you leave after 1 year and 2 months of service, you can claim double the salary of the unsigned labor contract.

It is a labor dispute and can be resolved by applying for labor arbitration.

It is necessary to hurry up because the time limit for applying for labor arbitration is one year.

You can ask for double wages for not signing a contract, and you can only ask for double wages for 9 months if you work for two months for one year.

Resign after 1 year and 2 months of work, and do not sign a labor contract, because you resigned on your own, so you cannot apply for labor arbitration double salary!

If there is no labor contract, you can go to the supervision brigade of the local labor bureau to report the abstinence or apply for labor arbitration, and you can get double the salary compensation.

If you have not signed a labor contract, you can also apply for labor arbitration and ask the other party to pay twice the salary of the unsigned labor contract, but if there is no labor contract, the labor arbitration may not be accepted, and you can take the notice of inadmissibility issued by the labor arbitration commission to the court to file a lawsuit, and it should be noted that the statute of limitations for arbitration of labor cases is one year.

This is okay because you are working in it. If the employer should sign a labor contract with you, if you don't have a labor contract now, and you don't pay social security, you can claim double wages.

If you resign from your job, you should also have a labor contract, and you resign voluntarily, then you should not be able to apply for this double salary, because this resignation is voluntary. What's more, you don't have a labor contract either.

You resigned after working for one year or two months, and you didn't sign an employment contract when you worked, so I don't think you can apply for double wages in labor arbitration, because you don't have a labor contract and can't explain the problem, so this state is not protected in the law.

If you don't sign the contract because the company lays you off and gives you compensation, even if you sign the contract, you won't get compensation if you resign voluntarily, because this round of clan wheel is coordinated by both parties, and both parties are willing to terminate the labor relationship peacefully.

Of course, you can, you haven't signed a labor contract, but you have to prove that you can work in his company, have a salary card, and some ** and other bending resistance at work.

If the employer does not sign a relevant labor contract with you, then of course you can apply for double wages for the labor team.

First of all, the Employment Contract Law stipulates that an employer shall conclude a written employment contract within one month from the date of employment. After the implementation of the Labor Contract Law, a written employment contract is the only legal form, and oral contracts and other forms are not recognized, which are deemed to have not entered into an employment contract. Second, if the employer fails to conclude a written labor contract with the 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. Third, you need to prove that there is an employment relationship between you and the employer, such as work badges, attendance records, payroll records, social insurance payment records, written working documents (with the signature of the report and communication or the seal of the employer), the testimony of other employees, etc.

If you work for one year and two months, do not sign a labor contract, and the unit does not pay the pension insurance, you can apply for labor arbitration, and if you resign, you can only let the unit make up the pension insurance, and there is no compensation.

First of all, you resigned, and secondly, you haven't closed a labor contract, and there is no such thing as double pay. Double wages can only be cleared when you have no mistakes and the company is unilaterally terminating the labor contract.

Since you have resigned, don't do this casually, otherwise other units will know about this in the future and will not use you.

If you can apply for labor arbitration and ask for double compensation, you should sign a labor contract with Senyou employees within one month, and you can claim double compensation if you don't sign a labor contract.

Rewind a year from the date of your arbitration, and claim a few months of double pay for a few months when you work for a company.

If I resign after working for one year and two months, and I have not signed a labor contract, can I apply for double wages for arbitration by the Labor Sail Register? It is not because according to the provisions of the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, if a contract is not signed for one year, it is also a signed indefinite labor contract.

First of all, you have resigned from this position, and you are not in this situation, but he did not sign a labor contract, which means that the two of you have violated the contract law, and I think you can consult it to see if you can give you a little compensation? ，

It is possible to apply for 9 months of double pay.

It is reasonable that the statute of limitations for arbitration of labor cases is one year, and labor arbitration can be applied for within one year.

I don't think it can be done, you should go to the local labor inspection brigade and ask.

Yes, because you have a de facto labor cooperation, the company's monthly clock-in salary is the best proof, as well as the proof of colleagues.

You can apply for labor arbitration and claim double wages. Article 82 of the Labor Contract Law of the People's Republic of China 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. ”

2. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

Question: Can I claim compensation if I continue to work on the job?

Is there a legal basis for asking the question?

Don't you see.

The question above is less than a year old!

Is it okay to be in the past two years?

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.

You can apply to the labor arbitration institution, because double wage compensation has a statute of limitations, so if the other party has passed the statute of limitations on the basis that your double wage difference in the previous months has expired, it will not be supported for several months. However, if the statute of limitations for arbitration has not expired, it shall not be affected by the statute of limitations.

Yes, but you can only claim compensation of double the difference in wages for half a year without an employment contract.

If I have worked for one and a half years and have not signed an employment contract, can I still apply for double salary compensation? Unsigned, labor. Contract!

As, laborers. Right. Request.

Sign the labor contract! units, responsibilities, and obligations. And.

Laborer! Signed. Labor.

Contract! Otherwise. Unit.

will bear the law. Consequence! Not signed, labor.

Contract! Employee. You can assert it!

Double Wage Compensation. It can be adopted, labor arbitration. Court Proceedings.

to achieve! Also available with units. Negotiate a settlement!

According to the relevant provisions of the Labor Contract Law, if the company has not signed a written labor contract with you (the employee) for more than one month but less than one year from the date of employment, the company shall pay the employee twice the monthly wage.

I don't know which province or city you work in. The statute of limitations for double wages has always been controversial, and there is no uniform standard for judgment in various places. Depending on your city, you may be able to double the difference for 11 months or only get a partial amount (if the statute of limitations starts in the second month of your employment date, it is clear that some of them have already expired).

It depends on the date of entry and the time of departure.

In addition, the most important thing is that if you do not sign a written labor contract, you need to prove the existence of an employment relationship with the company through salary records, work cards, etc.

Article 20 of the Opinions of the Supreme People's Court on Issues Concerning the Connection between Arbitration and Litigation of Labor and Personnel Disputes (I) stipulates that: "If an employer fails to conclude a written labor contract with an employee within one year from the date of employment, it shall be deemed to have entered into an indefinite labor contract with the employee on the date of one year from the date of employment and failure." "In the case of the preceding paragraph, if the employee requests the employer to pay the second time of the salary after the expiration of one year from the date of employment on the grounds that the employer has not concluded a written labor contract, the labor and personnel dispute arbitration commission and the people's court shall not support it.

1. If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with the provisions of the Labor Contract Law from the day after the expiration of one month from the date of employment to the day before the expiration of one year.

2. The time limit for the employer to pay double wages shall be more than one month but less than one year from the date of employment. However, if the employer does not sign 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 concluded an indefinite labor contractAs a result, employers are no longer required to pay twice as much wages.

Yes, you can ask the unit to pay double the salary, however, there are certain differences in different places, taking Beijing as an example, it is usually pushed forward by one year, and the difference between the time and the time of joining the company for one year is double the salary.

If there is no labor contract for more than one year, you can apply for labor arbitration, because in fact, according to the clear provisions of our national law, if you do not sign a written labor contract, the parties can protect their legitimate rights and interests through complaint channels or arbitration and litigation.

1. Can I apply for labor arbitration without a labor contract for more than one year?

According to Article 82 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China, if a labor dispute arises between an employer and an employee, regardless of whether a labor contract is signed or not, as long as there is a de facto labor relationship and it meets the scope of application of the Labor Law and the Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises, the labor arbitration commission shall accept the case.

If a party is dissatisfied with the arbitral award, it may file a lawsuit with the designated people's court within 15 days from the date of receipt of the award.

The labor arbitration department accepts the following labor disputes: disputes arising from the dismissal, dismissal, dismissal of employees, resignation and voluntary resignation of employees; Disputes over the implementation of national regulations on wages, insurance, welfare, training, and labor protection; Disputes arising from the performance of employment contracts; Other labor disputes stipulated by national laws and regulations.

2. What are the conditions for applying for labor arbitration?

1. Both parties may apply for arbitration for disputes arising from labor-related rights, obligations and issues between the employer and its employees.

2. If the parties are joint ventures, Sino-foreign joint ventures and wholly foreign-owned enterprises or their employees, labor disputes shall be applied to the Municipal Labor Dispute Arbitration Commission for arbitration.

3. Labor disputes between the parties and state-owned, collective, individual, joint-venture, joint-stock and township enterprises, or between government agencies, institutions, mass organizations and workers who have formed labor relations with them, shall apply to the district and county labor dispute arbitration commission where the unit (place of industrial and commercial registration) is located.

4. The labor arbitration department accepts the following labor disputes: disputes arising from the dismissal, dismissal, dismissal of employees, resignation and voluntary resignation of employees; Disputes over the implementation of national regulations on wages, insurance, welfare, training, and labor protection; Disputes arising from the performance of employment contracts; Other labor disputes stipulated by national laws and regulations.

In our country, if a de facto labor relationship has been established between the worker and the employer, and the worker has worked for the employer for a certain period of time, but still has not signed a labor contract with the employer, and the employer has realized the reasons, then in this case, the worker can apply for labor arbitration, so as to protect his legitimate rights and interests, and demand double wages.