He was fired without a contract. I was fired without signing a contract

Hello, you can apply for arbitration at the labor arbitration institution or complain to the labor bureau, and if necessary, you can go to the local court to file a lawsuit.

If you violate the law, you can report it to the local labor inspection department, or directly apply for labor arbitration.

Hope it solves your problem.

If there is no written labor contract, twice the salary shall be paid from the date of one month of employment to the date of one year of employment; If a labor contract has not been signed after one year of employment, it is deemed that an indefinite labor contract has been signed; The employer shall pay compensation for illegal termination of the labor contract, which shall be twice the calculation standard of compensation, that is, one month's compensation shall be paid after one year of employment, and half a month's compensation shall be paid if it is less than six months, and the compensation shall be multiplied by 2 to be compensated, and the calculation of compensation shall not be counted as this part of the compensation. Nanjing full-time lawyers welcome letters to answer questions for free and serve the public.

According to the provisions of the Labor Contract Law of the People's Republic of China, the employer must enter into an employment contract with the employee. If a labor contract is not concluded, compensation shall be made in accordance with the following provisions.

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.

At the same time, the employer will now give you financial compensation if you are laid off, and the compensation standards are as follows:

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

Your situation sounds rather tricky, being fired is an unpleasant experience, and even worse, being fired without signing a contract. In many countries, there are many laws in place to protect the rights and interests of employees, and these laws also apply in the absence of a contract. Therefore, you should first consult with a lawyer about your country's labor regulations and related legal provisions to determine whether you are entitled to compensation or the possibility of paying compensation and obtaining legal support.

Being fired without a contract may result in disputes over your salary, benefits, and other related benefits. You'll need to evaluate your time and work during your time with the company and determine if you're entitled to the wages, bonuses, and benefits you're entitled to. In addition, you may also be entitled to compensation for the loss or gain incurred by the Company as a result of the dismissal of you.

The reasons for dismissal also need to be considered. If the cause is due to the company's mistakes or misconduct, you may have the right to file a lawsuit for violating employment laws and regulations. If there is no clear reason for dismissal, you can ask the company to provide you with a reason or a transparent communication, and resolve it through negotiation or employment arbitration by liaising with the company.

In addition to this, you should also consider the unknown risks and challenges ahead. You'll need to assess your career path and purpose and start looking for new job opportunities. You may also need to seek the help of a career counselor or other professional body to help you better plan your career.

Overall, being fired without signing a contract is a challenging experience. However, you can work with a lawyer or employment specialist to discover your rights and get help to find the next step in your career. <>

Hello Pa Liang, due to the employee's refusal to sign the labor contract, the unit has the right to dismiss.

According to the provisions of the Labor Contract Law, the employer shall sign a written labor contract with the employee within one month of employment, and if the employer fails to sign it for more than one month, it shall pay the employee double wages from the second month.

Legal Analysis: If the employer does not conclude 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 entered into an indefinite labor contract. If you are dismissed without cause:

Claim for severance payments. The employer is required to pay double wages up to a maximum of 11 months.

Legal basis: 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 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with 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 in which the labor contract may be terminated as provided 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.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker an additional month's salary: (1) the worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

If the employer terminates the labor contract in violation of the law, the employee may request double the payment of economic compensation. The severance payment is calculated according to the number of years the worker has worked in the unit, and one month's salary is paid as severance for each year of service, one month's salary is paid if it exceeds half a year but less than one year, and half a month's salary is paid if it is less than half a year. It is calculated based on the actual salary of the employee.

The employer is required to give 30 days' notice to terminate the labor contract, and if there is no advance notice, it needs to pay an additional month's salary as payment in lieu of notice.

In judicial practice, only one of severance payments and wages in lieu of notice will usually be supported, and you can choose by yourself. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract. It is illegal not to sign an employment contract, and the employer can be required to pay double wages for up to 11 months.

It is sufficient to prove the labor relationship, such as pay slips, punch records, tooling, work information, and colleague testimony.

Insurance should be paid on the basis of actual income. Employers shall pay all insurance premiums for employees, including pension, medical care, unemployment, work-related injuries and maternity. It is illegal to fail to pay insurance or pay insurance in insufficient amount, and the unit may be required to make supplementary payment or make corresponding economic compensation.

Otherwise, it can be reported to the Labour Inspection Brigade. If it is a simple insurance dispute, labor arbitration will not accept it, and you can only report it to the labor inspection brigade.

In the case of illegal acts, the unit may leave the post at any time without prior notice, and the unit shall handle the resignation procedures, including the settlement of wages, the issuance of resignation certificates, and the transfer of household registration and files.

It is recommended to settle the matter through negotiation, and if the negotiation fails, the applicant may apply for labor arbitration, and the application for labor arbitration shall be made at the labor arbitration commission in the place where the unit is registered. It is also possible to appoint a lawyer to arbitrate on your behalf. The statute of limitations for labor arbitration is one year, which is calculated from the date on which the infringement was known or should have been known.

Article 46 of the Labor Contract Law shall pay economic compensation to the employee under any of the following circumstances:

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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

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.