Is the compensation for not signing a labor contract applicable at the same time as the economic com

Hello! OK! The legal consequence of not signing an employment contract is to pay double wages:

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.

And the case of the payment of severance is:

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 47.

Severance shall be paid to the worker according to the number of years of service in the employer 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

The law stipulates different legal consequences for the employer's violation of the Labor Contract Law, and if the employer violates different laws and regulations at the same time, it will of course bear different legal consequences.

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Failure to sign a contract applies to both compensation and economic compensation.

If the employer fails to sign the contract within one month from the date of employment, it shall pay the employee twice the salary from the day after the expiration of one month, and if the employer has been employed for less than one year, the payment shall be made until the date of the supplementary labor contract; If the employee has been employed for one year, the payment shall be paid for a total of 11 months until the date of the completion of one year.

Since the failure to sign a contract violates Article 10 of the Labor Contract Law and is a violation of the mandatory provisions of the law, the employee may terminate the employment relationship in accordance with Article 38 (6) of the Labor Contract Law and Article 18 (10) of the Regulations for the Implementation of the Labor Contract Law, and the employer shall pay severance in accordance with Article 46 (1) and Article 47 of the Labor Contract Law.

Double wages and severance payments are applicable when an employment contract is signed.

What are the rules for severance if you do not sign an employment contract? 1. Employees who are unwilling to sign a labor contract and take the initiative to resign can get economic compensation According to the law, both parties must sign a written contract, and the two parties cannot agree to exclude the mandatory provisions of the law. Although there is no written employment contract between the two parties because the employee is unwilling to sign it, as long as the employer dismisses the employee, the employee can still be protected by the labor law and enjoy rights such as economic compensation and social welfare insurance.

Even so, if the employee does not agree with the terms of the employment contract, he or she should actively negotiate to ensure that the labor rights are protected to the greatest extent. 2. If the employer fails to sign a labor contract, it may receive economic compensation (1) If the employer fails to conclude a written contract due to the fault of the employer, it shall conclude a written labor contract within one month from the date of employment. If it has not been established for more than one month but less than one year, the employee shall be paid twice the monthly wage; If it exceeds one year, it shall be deemed that the employer and the employee have entered into an indefinite term labor contract.

2) Therefore, the failure of the two parties to sign the labor contract within the time limit does not affect the existence of the labor relationship. Employees can still be reluctant to receive severance when they leave the company, but it is not advisable for employees to voluntarily resign in such circumstances, because not signing a contract is not the same thing as whether or not they can receive severance payments. If the employee voluntarily leaves the company, the employee will not receive any emergency compensation unless there is another reason.

3. Calculation method of economic compensation The economic compensation is calculated based on the number of years of service and salary of the employee, and one month's salary is paid for each full year; More than six months but less than one year is counted as one year; If it is less than six months, half a month's salary will be paid. (1) Economic compensation is generally calculated according to the average salary of the employee in the 12 months prior to the termination of the labor contract. (2) If the salary is three times higher than the average monthly wage of the employees in the region in the previous year, the standard of economic compensation shall be paid to the employee at the rate of three times the average monthly salary of the employee, and the maximum period of payment shall not exceed 12 years.

The Labor Contract Law mainly protects the interests of employees, because some problems may occur during the working period of employees, because they do not understand the corresponding professional knowledge, lack of certain understanding ability, and are in a weak position in this regard, for example, the payment of economic compensation requires that there is fault on the part of the employer.