After 10 months in the unit, I didn t sign a contract, and in the end, the boss didn t want to give

Keep pay slips or work arrangements, meeting minutes, time cards, work permits, and other evidence that can prove the existence of a de facto employment relationship between you and the company.

Since the company has not signed a labor contract with you, you can request to pay wages at twice the salary standard, and the payment time is calculated from one month after joining the company, and the first month will be paid according to the normal standard.

You can ask the other party to issue an IOU for how much wages you owe (usually the other party is not willing to pay).

After preparing the previous evidence, you can apply for labor arbitration and demand that the other party pay wages.

Because most of your teachers are in arrears, you can apply for arbitration together, which is more convenient to operate.

You can directly report to the local labor arbitration department, and I believe that this can be resolved.

Hello! You can report to the local labor department or apply for labor dispute arbitration. Take care to gather the following evidence:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums.

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

If it is not easy to solve, you can go to the labor arbitration commission and ask, there is no contract but there are facts that should be solved by law.

Legal analysis: If the labor relationship is confirmed, the employer can report to the labor inspection brigade if the employer does not pay labor remuneration.

Legal basis: The evidence proving the labor relationship is listed in the following order of probative effect:

1. The labor contract signed by both parties;

2. Salary card, salary passbook, salary slip or record confirmed by the unit, and employee roster stamped by the unit;

3. The employer pays the record of various social insurance premiums for the employee;

4. Xianghejian's employer issued to the worker "work certificate", "service certificate" and other documents that can prove identity;

5. Recruitment records such as the "registration form" and "registration form" filled in by the employee;

6. Attendance records stamped by the employer;

7. Testimony of other workers, etc.

If you do it for a few days and don't do it, the boss will not pay the salary, and the worker can negotiate with the boss to agree on the time to pay the labor remuneration; It may be reported to the local labor administrative department, which shall order it to pay within the time limit, and if the payment is not made within the time limit, it shall pay additional compensation.

Article 50 of the Law on Labor and Land Movement stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. The wages of workers shall not be deducted or owed to workers without reason.

Legal Analysis: If the employer has not signed a labor contract with the employee for more than one month, the employee cannot request the employer to pay double the salary. However, if the employer refuses to pay the normal wages, the employee may negotiate with the employee first, and if the other party still fails to perform the agreement after reaching an agreement, the employee may apply to the people's court for a payment order with the agreement.

If no agreement is reached, the employee may claim his or her wages through mediation, arbitration or litigation in the people's court to protect his legitimate rights and interests.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the establishment, performance, modification, dissolution and termination of the labor contract; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

Article 5 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; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Article 16 Where a mediation agreement is reached on the payment of arrears of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, but the employer fails to perform within the time limit agreed in the agreement, the worker may apply to the people's court for a payment order in accordance with law with the mediation agreement. The people's court shall issue a payment order in accordance with law.

Labor Law of the People's Republic of China Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) Withholding or defaulting on the wages of the worker without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Article 82 of the Labor Contract Law of the People's Republic of China 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.

I didn't sign a labor contract but paid normal labor. If an employment relationship is established between the employer and the employee, the employer may negotiate with the employee if the employer does not pay the employee; If the negotiation fails, report to the local labor department, and the labor administrative department will order the payment of labor remuneration within a time limit.

Article 85 of the Labor Contract Law of the People's Republic of China If an employer omits to sell a sedan chair in any of the following circumstances, the labor administrative department shall order the payment of labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

For those who have worked for half a month and have not paid wages, this kind of behavior is that Jing Hail needs to report to the labor inspection brigade, and the company has not signed a labor contract with him, which is also an illegal act, and he needs to be compensated for double wages.

Legal basis: Article 50 of the Labor Law The wages shall be paid to the worker himself in the form of money on a monthly basis. The wages owed to the workers shall not be deducted or unreasonably delayed.

1. Such a contract is invalid and illegal.

2. In accordance with the provisions of the Labor Contract Law.

1) Article 26 stipulates that the following labor contracts are invalid or partially invalid:

1) The employer exempts itself from statutory responsibilities and excludes the rights of employees;

2) Violating the mandatory provisions of laws and administrative regulations.

2) Article 28 stipulates that if the labor contract is confirmed to be invalid and the employee has already paid the labor, the employer shall pay the labor remuneration to the employee.

3. From the date of employment, the worker has formed a labor relationship with the employer and has the right to receive labor remuneration, so he can file a lawsuit against the employer for invalidity.

If the employee does not sign a contract and does not pay wages after working for one month, the employee can obtain the salary back through negotiation, reporting to the labor administrative department, applying for mediation, arbitration, or filing a lawsuit. If the contract is not signed for more than one month, the employee can also claim compensation of double wages per month.

According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor agreement with the worker for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.