If the company does not sign an employment contract, can I get compensation for resignation?

1. It is recommended that you resign a month in advance, because the other party does not abide by the law, it does not mean that we can also not abide by the law. Try your best to establish evidence that is favorable to you in future labor arbitration.

2. The law of five insurances is required to pay, but the payment of one gold is not mandatory. If you resign, you can ask the company to compensate for this part of the loss, and the specific amount can be negotiated.

3. After resignation, you can ask the company to pay the company again for one year in 2008. The law stipulates that if there is no contract, double wages are paid in the first year, and from the second year onwards, there is already an indefinite contract with a colleague. The time is from 2008.

4. As for the severance payment, it is also calculated from 2008, not from 2004. Whether you can get this financial compensation depends on how you quit your job. If you resign yourself, you won't get it.

If it is proposed by the company, you can get this economic compensation.

Article 82 of the Labor Contract Law provides that 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, the employer shall pay the employee twice the monthly wage.

Voluntary resignation cannot be compensated, but since January 1, 2008, you can claim double the salary for not signing the labor contract, and can terminate the labor contract according to the illegal behavior of the unit, and ask for compensation The employer does not sign the labor contract is illegal, and you can terminate the labor contract and ask the employer to pay double salary compensation. If the negotiation fails, apply for labor arbitration to protect their rights.

Hello, you can get double salary compensation if you don't sign an employment contract.

1.It is possible not to submit a resignation application.

2.You can go to the local labor inspection brigade to complain about getting your social security back.

3.You can only ask for double pay for 11 months.

4.It is possible to claim 7 months of severance payments.

You're going to look at this in two parts.

First, if the company does not sign the labor contract, it will definitely compensate the worker for double wages.

The second is that you resign, and there is no compensation for voluntary resignation.

Regarding the first question, you only need to collect relevant evidence in advance and submit it to the labor arbitration commission, which has nothing to do with whether you resign or not.

The most important thing is whether the evidence you have gathered is sufficient to establish your employment relationship.

I hope the above can help you.

Eight Laws Salary is a first-class intelligent labor rights protection tool to help boring workers solve workplace labor disputes. We provide one-on-one service free of charge, the lawyer directly talks with the company, and the compensation is successfully obtained and then the service commission is paid. We can solve non-compliance behaviors such as dismissal, non-contracting, non-renewal, non-compliance with social security, arrears of wages, and unpaid overtime, so that your legal rights and interests can be protected.

If you have any questions, you can consult the platform customer service for free.

If the employer does not sign the labor contract, it can pay compensation for resignation. According to the law, 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 change, the employee may request the employer to pay double the monthly salary in accordance with the law.

When an employer establishes a labor relationship with an employee, it shall sign a labor contract; If a labor contract has not been signed, it shall be signed within one month from the date of employment. If the labor contract has not been signed for more than one month, the employee may request that the number of days of self-employment cover the number of days and the number of days is less than one year's monthly wage.

Legal basis: Labor Contract Law of the People's Republic of China

Article 10 A written labor contract shall be concluded in order to establish a labor 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 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 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.

There are two sides to this question.

First, if the employer is suspected of violating the law if it has not signed a labor contract, if it is only within one year of employment, it can claim double wages from the second month until 12 months, but if it exceeds 12 months, then it is a repentance of the fact that the indefinite term labor contract is closed without any compensation.

Second, with regard to resignation, if the employee resigns for personal reasons, there is no severance payment, but if the employee terminates the labor contract on the grounds that the employer has not signed a labor contract, the employee can claim severance compensation, and the compensation standard is one month's salary for one year's length of service.

If the employer fails to sign a labor contract within one month after the employee joins the company, the employer shall pay twice the monthly salary to the employee 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.

If you have worked for no more than one year, you can ask for double the salary from the second month of employment. If you do not pay social security, you can ask for compensation according to the number of years of service, and you will be paid one month's cherry peel salary after one year of service.

You can apply for labor arbitration and should receive corresponding economic compensation.

If you leave the company without signing a labor contract, you can claim compensation.

The employer may be required to pay severance and double wages for those who have not signed a labor contract: severance compensation shall be paid to the employee according to the number of years the employee has worked in the employer, and one month's salary shall be paid to the employee for each full year (one month for those who have worked for six months and less than one year, and half a month for those who have less than six months).

The double salary without a labor contract shall be calculated at twice the monthly wage standard from the second month of employment of the employee (the calculation time shall not exceed 12 months), and the payment shall be subtracted from the salary paid by the company during this period.

In addition, the company can also claim through legal procedures that the company should pay the social insurance premiums for the duration of the employment relationship.

Do I need to pay liquidated damages if I resign without signing a labor contract?

1. If there is no need to pay liquidated damages, even if the liquidated damages are stipulated in the labor contract, they are invalid.

Article 25 of the Labor Contract Law of the People's Republic of China stipulates that: "Except for the circumstances specified in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear liquidated damages." ”

Article 22 of the Labor Contract Law provides that if an employer provides a worker with special training expenses and professional and technical training, it may enter into an agreement with the employee to stipulate the service period.

2. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned by the department or bureau if the employee has not fulfilled the service period.

3. If the employer and the employee agree on the service period, it shall not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 23 of the Labor Contract Law stipulates that the employer and the employee may agree in the employment contract to keep the employer's trade secrets and intellectual property related confidentiality matters.

4. For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the labor contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee shall 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. <>