What is the responsibility of the employer if it does not sign the labor contract?

If the employer does not sign the labor contract, it will be required to compensate double the salary; Failure to sign an employment contract still does not exempt the employee from the obligation to pay various social security premiums.

Legal basis] Article 10 of the Labor Contract Law stipulates that 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. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 82 of the Labor Contract Law stipulates that 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.

1. Work permits, salary slips or colleague certificates, etc., can be used as proof of labor relations.

2. If the contract has not been signed for more than one month, double wages can be requested.

The labor law stipulates that the employer must sign a labor contract within one month of employing the employee, otherwise the compensation will be double the salary; If no labor contract has been signed for more than one year, it will be automatically converted into an indefinite labor contract.

To prove the de facto employment relationship between you and the employer, such as attendance records, cash payroll receipts, work documents (work orders or task orders), etc.; If none of these are available, then your colleagues should be able to serve as witnesses.

It has nothing to do with the labor department.

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 salary according to law on a monthly basis from the day after the expiration of one month from the date of employment to the day before the written labor contract is supplemented. If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

Labor Contract Law

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.

If the employer does not sign a labor contract, the following legal liabilities are stipulated: (1) double wages are paid; (2) It is deemed that an indefinite contract has been signed, and the relationship is established; (3) If the labor contract is not handed over, the employee will be liable for compensation for losses.

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 salary according to law on a monthly basis from the day after the expiration of one month from the date of employment to the day before the written labor contract is supplemented. If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

The employer shall pay severance to the employee under any of the following circumstances: Article 46 of the Labor Contract Law shall pay severance 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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

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.