Failure to sign a contract and voluntary resignation The company refuses to compensate

Updated on society 2024-04-04
45 answers
  1. Anonymous users2024-02-07

    Initiating arbitration. 1.Overtime pay can be requested. Holidays should be 3 times.

    2.It is the obligation of the company to pay social insurance, and there is no direct payment in the salary. The payment of social security should be handled at the social security institution.

    3.The statute of limitations for arbitration of double wages is only 1 year. You mentioned one and a half years, and it is estimated that you cannot support all of them. More than one year should be considered to be an indefinite term employment contract. Resignation requires 30 days in advance of insurance and 30 days of work.

    4.There is no severance payment for voluntary separation. The next time you want to leave your job voluntarily, you should make it clear that it is because the employer does not pay social security or does not pay overtime pay in full.

    In your case, the unit has violated the law first, and there are illegal facts, which should be able to support the compensation. (However, the arbitration opinions vary from place to place).

  2. Anonymous users2024-02-06

    The company's explanation is not justified and will not be upheld by the arbitration committee.

    You are entitled to double your salary, and the insurance should be taken care of for you, but you will also have to bear your own insurance costs.

    Overtime pay can be requested.

    It is possible to claim 2 months of financial compensation.

  3. Anonymous users2024-02-05

    As long as you can prove that you have worked in the company! People who have a work card, a payroll, a bank payroll card unit! It's best to ask a lawyer to talk to the company!

  4. Anonymous users2024-02-04

    Suggested arbitration: first, you can get double salary for one year;

    second, overtime pay can be made up;

    third, supplementary insurance;

    Fourth, regarding free resignation, even if the company has relevant regulations, the fine cannot exceed 20% of the current month's salary; And you have a 99% chance of winning in this case.

    Fifth, as for the two-month severance payment, it is not easy to get it, because you have left your job freely.

  5. Anonymous users2024-02-03

    If the employee and the employer have not signed a labor contract, and the employee voluntarily resigns, the employer shall pay the employee's legal wages in accordance with the law, and the employee may claim double wages from the employer from the second month after the labor contract has not been signed, up to a maximum of 11 months. 1. Evidence of the employee's work content, such as electronic texts, materials, and other information related to the company;

    2. The relevant identification of the worker's work, such as work letter, employee card, employee clothing and any other proof related to the company;

    3. The system basis given by the company to the workers is best to seal or print the whole set of materials, such as employee handbook, financial system, employee roster, etc.;

    4. Information on the communication between the company's regular employees or leaders and employees, such as work arrangements, written notices, e-mail notices, etc.;

    5. The worker can try to have a dialogue with the company's supervisor, and then record the record, and reflect the leader's name in the recording material, otherwise, it will be difficult for the labor dispute arbitration committee to confirm the authenticity of the recording material;

    6. The worker can prove that the worker works in the company through the witness and the testimony of other employees who have left the company.

    7. Other materials that can be related to the company (documents signed by the work) can be used as evidence.

  6. Anonymous users2024-02-02

    Voluntary resignation without signing an employment contract is not legally responsible.

    First of all, according to the provisions of the Labor Contract Law of the People's Republic of China, a written labor contract shall be concluded to establish an employment relationship. 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. It is illegal for an employer not to sign a written employment contract with the employee.

    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 salary in accordance with the provisions of the Labor Contract Law (the starting date for double wages 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), and the written labor contract shall be supplemented with the employee.

    Even if the employee has not signed an employment contract, the employer shall pay the employee in a timely manner according to the actual number of days of attendance after the employee voluntarily leaves the company, as long as he has worked with the employer before. Regardless of the reason for the employee's departure, the employer shall pay the employee's wages and shall not withhold or withhold the employee for any reason.

    According to Article 30 of the Labor Contract Law, if an employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

  7. Anonymous users2024-02-01

    The worker can claim severance and double wages for unsigned labor contracts.

  8. Anonymous users2024-01-31

    If the company has not signed a labor contract, can an employee who voluntarily resigns be compensated? Even if the company has signed a labor contract with the employee, if the employee voluntarily resigns, there is no economic compensation, and the employer will only pay the economic compensation if the employee passively terminates the labor relationship.

  9. Anonymous users2024-01-30

    If the labor contract is not signed for more than one month, the company will compensate for any reason, and the compensation for 11 months from 2 to 12 months shall be calculated as 2 times the compensation.

  10. Anonymous users2024-01-29

    If the company does not sign a labor contract with the employee, the employee can resign voluntarily and receive compensation for double wages (up to 11 months), and if the company is unwilling to be compensated with double wages, it can file a complaint with the labor bureau or conduct labor arbitration.

  11. Anonymous users2024-01-28

    If the company does not sign a labor contract, the employee voluntarily resigns, and no compensation can be given. However, if the employer is humanitarian, it may pay the employee double the salary at the time of employment to compensate for it.

  12. Anonymous users2024-01-27

    Can the company be compensated if the company does not sign a labor contract and resigns normally? If the employee voluntarily resigns, it is equivalent to automatically giving up this requirement, so there may be no compensation, and if the contract is signed, the employee voluntarily resigns without compensation.

  13. Anonymous users2024-01-26

    If you do not sign a labor contract, you can choose to leave at any time, and the employer can also terminate the driving relationship anytime and anywhere, so the employee is not required to compensate for the voluntary resignation, because the two parties have not signed a contract.

  14. Anonymous users2024-01-25

    Hello, you can report this situation to the labor arbitration of the labor inspection brigade, because the unit must sign a labor agreement with the worker when employing the employee, otherwise it is a violation.

  15. Anonymous users2024-01-24

    Yes, as long as there is no written labor contract, you can ask the company to compensate you with double wages. You can go to your local labor bureau to apply for labor arbitration.

  16. Anonymous users2024-01-23

    If you leave the company normally without signing a labor contract, you can be compensated, but if the employee leaves voluntarily, it is equivalent to automatically giving up this requirement, so you may not be able to pay compensation.

  17. Anonymous users2024-01-22

    OK. Failure to sign the employment contract is the fault of the company, and according to the Labor Law, the employee can leave the company at any time and has the right to claim compensation from the company.

  18. Anonymous users2024-01-21

    OK. If the company is at fault for not signing the employment contract, then the employee can leave the company at any time and has the right to claim compensation from the company.

  19. Anonymous users2024-01-20

    If you do not sign a formal labor contract with the company, and the employee voluntarily leaves, it is difficult to get to the company's card field in the future.

  20. Anonymous users2024-01-19

    Regardless of whether an employment contract has been signed or not, employees who voluntarily leave their jobs are not entitled to severance payments.

  21. Anonymous users2024-01-18

    It's impossible, if you don't have the protection of the labor law, you won't be compensated for your resignation.

  22. Anonymous users2024-01-17

    If an employee does not have an employment contract, he or she does not need to pay compensation if he or she voluntarily leaves the company, but he or she can claim double the salary if he or she does not have a written employment contract.

    The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

    The employee may terminate the 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.

  23. Anonymous users2024-01-16

    The company did not sign the labor contract is illegal in the first place, depending on your current time, if it is too late to sign within one month of employment, if the time is exceeded, depending on the opinions of employees, it is best to negotiate and resolve.

  24. Anonymous users2024-01-15

    If there is no labor contract, you can take over the work and leave the company at any time, unless there are other labor service period agreements or illegal circumstances that cause losses to the company.

  25. Anonymous users2024-01-14

    Hello, if you do not sign a contract with you, you will be paid to leave voluntarily. If you have the right to receive labor remuneration and have established a labor relationship, and have not concluded a written labor contract at the same time, you shall conclude a written labor contract within one month from the date of employment and pay your wages in a timely manner.

    Second, if the employer has not concluded a written labor contract with you for more than one month but less than one year from the date of employment, it shall pay you twice the monthly salary.

  26. Anonymous users2024-01-13

    If you resign without signing an employment contract, you can apply for double wages (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 issued by the employer to the worker that can prove the identity; (3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the worker; (4) Attendance records; (5) Testimony of other workers, etc.

    How long have you been working?

    Submit your resignation 30 days in advance to apply for resignation.

    Question: But I don't have an employment contract.

    It doesn't matter if you have signed an employment contract or not? It's all like this, you don't sign a labor contract, and after you resign, you can apply for double salary.

  27. Anonymous users2024-01-12

    It turns out that after the expiration of the old labor contract, if you continue to work for one month without signing the contract, you can claim double the salary from the company.

  28. Anonymous users2024-01-11

    No, if you leave your job automatically without signing a contract, you don't need to compensate the company for your losses, and if you don't sign a labor contract, you are not bound by the labor contract, you can leave your job at any time, and you don't need to compensate the company for your losses. Failure to sign a contract is a violation of the provisions of the labor law, and the employee can apply for labor arbitration when he or she resigns, and demand that the company pay double wages.

  29. Anonymous users2024-01-10

    As long as it does not cause losses to the company, there is no need to compensate the company's losses, if you don't want to work in the company, under normal circumstances, you need to apply in writing for resignation one month in advance, but if the company is at fault first, you can leave at any time.

  30. Anonymous users2024-01-09

    If you leave without signing a contract, you do not need to compensate the company for losses, the company has violated the law first, and you have no contract constraints and no relevant responsibilities.

  31. Anonymous users2024-01-08

    If you leave the company voluntarily without signing a contract, you do not need to compensate the company for losses, because not signing a contract is a violation of the provisions of the labor law.

  32. Anonymous users2024-01-07

    You don't have to compensate the company.

    On the contrary, since you have not signed an employment contract, according to the law, the company should compensate you (subject to labor arbitration).

  33. Anonymous users2024-01-06

    If you do not sign a labor contract, you will leave the company voluntarily, and the company will not compensate the employee. However, if the employee resigns without prior notice, causing economic losses to the company, the company may require the employee to compensate for the loss.

  34. Anonymous users2024-01-05

    If you have worked for a period of time, the company must sign a labor contract with you according to the regulations, otherwise the company requires you to resign, and you should pay double the compensation, and you do not need to compensate the company for losses if you leave your job, because this is the company's problem.

  35. Anonymous users2024-01-04

    No, you don't.

    If you don't sign a contract, you are a temporary worker, so you don't have to compensate the company for the loss if you leave voluntarily, but the company should calculate the salary.

  36. Anonymous users2024-01-03

    You don't need to pay any responsibility for this situation. There is no need to compensate the company, but it is still necessary to say that no matter what company you work for, you must sign a contract, which is a guarantee for us, and you should say hello two days in advance before leaving your job, which is a matter of credibility.

  37. Anonymous users2024-01-02

    Employees who have not signed a labor contract do not need to compensate the company for losses if they want to leave voluntarily, but according to market rules, it is best to report to the company at least one week in advance.

  38. Anonymous users2024-01-01

    As an employee, even if you have not signed a labor contract, then there is a de facto labor relationship, and now you have voluntarily left your job, only in the case of causing losses to the company, the company has the right to claim compensation from you, or take the form of litigation, if there is no actual loss caused to the company, then there is no need for any compensation. It is recommended that you negotiate with the company, and it is better to go through the resignation procedures after reaching a consensus.

  39. Anonymous users2023-12-31

    If you leave the company automatically without signing a labor contract, you do not need to compensate the company for losses, and if you don't even sign the contract, you are not an employee of the company, and you can leave at any time.

  40. Anonymous users2023-12-30

    Definitely not, without signing a contract, it is invalid, and there is no need to compensate the company for damage, and the company will not have any losses

  41. Anonymous users2023-12-29

    If you do not sign a labor contract, you will not be compensated for automatic resignation, depending on how long you have been employed and what kind of unit it is.

  42. Anonymous users2023-12-28

    If you do not sign a contract, you do not have to compensate the company for losses if you leave voluntarily. A contract has been signed. It's due. He won't compensate you either.

  43. Anonymous users2023-12-27

    If the employee and the employer have not signed a labor contract, and the employee has automatically and consistently caused losses to the employer, the employee has not compensated and shall be liable for compensation, and the employer is not at fault, and the employee needs to comply with the provisions of the Labor Contract Law.

  44. Anonymous users2023-12-26

    No, the company has not signed a labor contract with you, which is already illegal in itself!

  45. Anonymous users2023-12-25

    Legal analysis: There is generally no need to lose money if you leave the company automatically without signing a contract, except for other losses caused to the company. If the employee and the employer have not signed a labor contract, and the employee voluntarily resigns, the employer shall pay the employee's legal wages in accordance with the law.

    The employee can claim double wages from the employer starting from the second month of the labor contract without signing the employment contract, up to a maximum of 11 months.

    Legal basis: Article 16 of the Interim Provisions on the Payment of Wages Article 16 Where an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.

    However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

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