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The term of the labor contract is a necessary clause of the labor contract, and if the labor contract does not specify the term of the labor contract, the employee can file a complaint with the local mobility department (labor inspection), and the labor administrative department will order it to make corrections. If damage is caused to the employee, the employer shall be liable for compensation.
Article 17 The labor contract shall have the following clauses:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) Working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, working conditions and protection against occupational hazards;
9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
Article 81 Where the text of the labor contract provided by the employer does not specify the necessary terms of the labor contract as stipulated in this Law, or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.
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If the employment contract does not specify how many years to sign, it may be a long-term contract, and the enterprise will not need to compensate the employee. Only when the company terminates the contract will the employee be compensated.
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The law stipulates that if the employer fails to conclude a written labor contract with the employee for one year from the date of employment, it shall pay twice the monthly salary to the employee in accordance with the provisions of Article 82 of the Labor Contract Law from the day after the expiration of one month from the date of employment to the day before the expiration of one year, and it shall be deemed that Luwula has entered into an indefinite labor contract with the employee on the day of the expiration of one year from the date of employment. A written labor contract shall be concluded with the employee immediately. The law clearly stipulates that the employee shall sign a labor contract within one month after establishing a labor relationship with the employer, and if the labor contract is not signed in time, it is necessary to pay double compensation in accordance with the regulations.
1. The Labor Contract Law stipulates that if an employer fails to sign a contract after one month of employment, it shall pay twice the wages to the employee from the day after the expiration of one month. 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. The Labor Contract Law clearly stipulates that the mandatory conclusion of an indefinite-term employment contract is wider than before, and if an indefinite-term employment contract is not concluded due to reasons attributable to the employer, it will be punished by paying double wages.
2. In the case of the implementation of the Labor Contract Law, the employer will not get any benefits if the labor contract is not signed, on the contrary, according to the provisions of Articles 14 and 82 of the Labor Contract Law, it will also bear the penalties such as paying double wages and being regarded as an indefinite labor contract for the smooth slippery period. 3. If the employee deliberately or unwillingly signs a written labor contract with the company, he or she cannot get twice the salary.
Legal basis: Labor Contract Law of the People's Republic of China
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.
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
5) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage 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 employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
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Hello, there is compensation. Employees can ask the company to pay double wages, which is roughly eleven months of double wages. Generally speaking, the company does not sign an employment contract with the employee, and the employee should file a complaint with the company within one year, or apply to the local labor department for labor arbitration.
The probationary period of a one-year or two-year labor contract shall not exceed one month. That is to say, one month can be paid according to the basic salary, and after that, the worker can claim double wages, which is stipulated in China's labor contract law.
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Get a lawyer and spend some money, and he'll teach you how to get a big compensation.
If the enterprise fails to conclude a contract with the employee in a timely manner, the consequence is that the employee will be paid twice the monthly salary, and it will be directly deemed that the two parties have entered into an indefinite employment contract. 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.
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This is the act of being deemed to have entered into an indefinite contract.
If an employee is dismissed, he or she may claim compensation;
Employees voluntarily leave their jobs without compensation, unless there are other facts and behaviors that infringe on the interests of employees.
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If the company does not sign a labor contract with the employee, it is not legal in itself and can claim compensation from the company.
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You have compensation, and you can sue with evidence of your work.
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The limitation period for double wages without a contract varies from place to place, so you can try it in labor arbitration.
Legitimate. The law does not specify how long a contract will be concluded. Therefore, it is okay to sign an 11-month labor contract, which is not prohibited by law. >>>More
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