I signed a labor contract with the employer, but I didn t look at it carefully when I signed it, and

According to Article 23 of the Labor Contract Law, the employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.

For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Article 24 The persons subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel who have the obligation of confidentiality of the employer. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations.

After the dissolution or termination of the labor contract, the period of non-competition for the personnel provided for in the preceding paragraph to go to another employer that has a competitive relationship with the unit that produces or sells the same kind of products or engages in the same kind of business, or starts their own business to produce or operate the same kind of products or engage in the same kind of business, shall not exceed two years.

If the non-compete clause is legal in the labor contract, but the compensation standard for the suspension period is too low, the employee may request the employer to pay the employee 30% of the employee's average salary in the 12 months prior to the termination or termination of the labor contract on a monthly basis, and if 30% of the average monthly wage is lower than the minimum wage standard of the place where the labor contract is performed, it shall be paid according to the minimum wage standard of the place where the labor contract is performed.

This is in line with the provisions of the "Labor Contract Law", legal, that is, the compensation fee is a little small, this is a lesson, as long as the written materials involved in the signature in the future, you must read carefully, so as not to bear greater responsibility.

Missing signatures should be artificial, because you can't buy social security, and many interlocking steps can't be stupid, and these missing steps have to be twice as much compensation as wages and social security. This problem is still relatively serious, if you miss the link, it may involve a part of the financial penalty, mainly depending on the company's punishment system.

Whoever makes a mistake at work, as long as you dare to correct it quickly to make up for it, try to minimize the loss, there will not be much punishment.

Legal Analysis: Failure to sign an employment contract is not necessarily the fault of the employer.

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, consensus, 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 by consensus through consultation.

Summary. What should I do if I fail to sign a labor contract with an employee due to personnel negligence as follows: Legal subjectivity:

1) Evidence of work content, such as electronic texts, materials, and other materials related to the company; (3) The system basis given by the company to the workers, it is best to seal or print the complete set of materials, such as employee handbooks, financial systems, employee rosters, etc.; (4) Materials exchanged between regular employees or leaders of the company and employees, such as work arrangements, written notices, e-mail notices, etc.; (5) You can try to have a conversation with the company's supervisor and then record the record, and the leader's name must be reflected in the recording materials, otherwise, it will be difficult for the court to confirm the authenticity of the recording materials; (6) You can prove that you work in the company through personal certificates and testimonies of other employees who have left the company. (7) Other materials that can be related to the company can be used as evidence. The above is the answer to the question of how to deal with the problem of not signing a labor contract.

How to hide the failure to sign a labor contract with an employee due to personnel negligence is as follows: Legal subjectivity: (1) Evidence of work content, such as electronic texts, materials, and other information related to the company; (3) The system basis given by the company to the workers, it is best to seal or print the complete set of materials, such as employee handbooks, financial systems, employee rosters, 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) You can try to have a conversation with the company's supervisor and then record the record, and the leader's name must be reflected in the recording materials, otherwise, it will be difficult for the court to confirm the authenticity of the recording materials; (6) You can prove that you work in the company through personal certificates and testimonies of other employees who have left the company.

(7) Other materials that can be related to the company can be used as evidence. The above is the answer to the question of how to deal with potatoes without signing a labor contract.

Legal objectivity: Article 17 of the "Regulations on Work-related Injury Insurance" If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for the first determination of work-related injury awareness in accordance with the provisions of the preceding paragraph, the injured employee, his close relatives or the trade union organization may directly submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.