What should I do if I have signed an employment intention agreement without signing a labor contract

1. The employer may terminate the labor relationship in accordance with the circumstances stipulated in Article 38 of the Labor Contract Law (the employer is illegal) without 30 days in advance and without approval, and the employee can leave immediately. In addition, the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law. 2. The notice of resignation can be written as follows: There is a certain department and the employer that have formed a de facto labor relationship from xx year xx to xx year xx, because the employer has violated the relevant provisions of the Labor Contract Law and does not enter into a written labor contract with the employee, in accordance with the relevant provisions of Article 38 of the Labor Contract Law, proposes to terminate the labor relationship, and requests the employer to pay the arrears of wages in full in accordance with the relevant provisions of the Labor Contract Law, in accordance with the provisions of Article 82 of the Labor Contract Law. If you have not concluded a written labor contract with the employee for more than one month but less than one year from the date of employment, you must pay twice the monthly wage.

In accordance with the provisions of Articles 46 and 47 of the Labor Contract Law, severance shall be paid, and in accordance with the provisions of Article 50 of the Labor Contract Law, the wages during the working period shall be settled and the resignation procedures shall be completed in a timely manner. 3. The "notice" must be signed by the unit, and he will be delivered by ** letter or express delivery without signing, so as to ensure that the evidence of the delivery of the notice is left. 4. If the employer does not perform its responsibilities according to the above requirements and does not pay the relevant fees, you will directly apply to the local labor administrative department for labor arbitration (no fees, no lawyer), and claim compensation from the unit through the award issued by the labor arbitration, and if you still do not pay compensation, you can apply to the court for enforcement.

Don't disclose the news that you want to leave, and after getting the salary, you will reflect your thoughts to the leader in a few days, talk about your shortcomings, and be unsuitable for this job, and the boss understands what you mean! ...... will make you goIn addition, the employment intention agreement itself is also of legal significance, which is feasible in both reasonableness and reason.

If the school knows, then look for the school first, and the school can't solve it, so I have to seek legal help.

What if wages are delayed?

According to the current relevant regulations, students at school are not allowed to establish "labor relations" with employers, that is, they are not allowed to sign labor contracts. However, due to various reasons, some employers want students who have not yet graduated to work in the company, and even if so, they cannot sign an employment contract. However, you can sign a labor agreement with the employer, or sign an internship agreement, and stipulate the rights and obligations of both parties in the agreement.

Article 12 of Document No. 309 No. 309 issued by the Ministry of Labor stipulates: "Students who use their spare time to work and study are not regarded as employment, and if they have not established labor relations, they may not sign labor contracts." Before you retain your student status, the company has established no labor relationship with you, but only a labor relationship, which can be recognized as an employment relationship if it meets the characteristics of an employment relationship.

Those who have not yet obtained the graduation certificate are still students and do not have the main qualifications to sign labor contracts under the Labor Law, so the fresh graduates who have not yet obtained the graduation certificate sign an employment agreement. An employment agreement is an agreement signed between an employer, the school and the fresh graduates on the labor relationship to be formed and the basic rights and obligations of both parties in the labor relationship. The three parties to the employment agreement are the employer, the school, and the school's recent graduates.

Article 17 of the Labor Law: The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

After signing the agreement on the royal song industry, I don't want to do it as follows:

1. Employers spend manpower, material and financial resources to participate in talent exchange meetings. And a lot of work has been done. The post-work of the employees was considered and arranged. Once the contract is breached, all the work is in vain, and they have to start anew, resulting in passive work;

2. Employers often regard the default of graduates as lax management of the school, which affects the long-term cooperative relationship between the school and the employer. Because of their suspicion of the school, they may not go to the school to select graduates;

3. Influence other graduates.

Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Legal analysis: 1. Report to the unit that signed the tripartite agreement, resign after signing the labor contract, the worker has the right to choose his job freely, and the employer will be deemed valid after one month if the employer does not reply, and then apply for an unemployment certificate. 2. In addition to the liability for breach of contract and the payment of liquidated damages, the breach of contract by graduates will often cause other adverse consequences.

Legal basis: Article 577 of the Civil Code of the People's Republic of China provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.