If the employer does not sign a labor contract, how can it be compensated?

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 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.

Regulations for the Implementation of the Labor Contract Law

Article 6 Where 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, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the employee twice the monthly salary and conclude a written labor contract with the employee; 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 starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

Article 34 Where an employer shall, in accordance with the provisions of the Labor Contract Law, pay twice the monthly wages to the worker or pay compensation to the worker but fails to do so, the labor administrative department shall order the employer to pay it.

If the employer fails to sign a labor contract in accordance with the law, it shall pay the employee twice the salary in accordance with the provisions of the Labor Contract Law. , the period for paying double wages is one year. However, the law gives employers a grace period of one month, which is double wages, and can pay them for up to 11 months.

The arbitration period for double pay claims is one year, generally after one year of service, and then one year of statute of limitations.

Legal analysis: If the employer and the employee have not signed a written labor contract within one month from the date of employment, the employee may apply for labor arbitration to require the employer to pay the employee the difference in double wages. The limits for which double wage differentials can be claimed without a written employment contract are:

Double salary difference for 11 months from the day after one month of employment to one year of employment.

Legal basis: Article 10 of the Labor Contract Law establishes a written labor contract. 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 14 of the Labor Contract Law If an employer does not conclude a written labor contract with an employee within one year from the date of employment, it shall be deemed that the employer and the employee have concluded an indefinite labor contract.

Article 82 of the Labor Contract Law 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 shall be concluded.

After the employee joins the company, he or she shall sign a labor contract within one month. If the employer does not sign a labor contract, it shall pay the employee twice the monthly wage. Double wages are calculated from the first month after the date of employment to the employee's actual working hours, but not more than 11 months.

1.If the employee does not sign the contract, the employer shall notify the employee in writing to terminate the employment relationship without paying economic compensation to the employee. Within one month from the date of employment, the employee does not enter into a written labor contract with the employer after being notified in writing by the employer; The employer shall notify the employee in writing to terminate the employment relationship.

2.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 monthly wage. Double wages are calculated from the first month after the date of employment to the employee's actual working hours, but not more than 11 months.

If a dispute arises between the two parties, it can be resolved through labor arbitration.

Labor arbitration is generally divided into four steps: application by the parties, review and acceptance, preparation for arbitration, and arbitration hearing.

2. Review and acceptance: If the labor arbitration application meets the requirements, the labor dispute arbitration commission shall make a decision to accept or not accept the application within five working days from the date of receipt of the arbitration application.

III. Preparation for Arbitration: The arbitration commission shall constitute an arbitration tribunal within seven days from the date of filing of the labor dispute case that the arbitration commission decides to accept.

4. Arbitration hearing: The arbitral tribunal shall notify the parties in writing of the date and place of the arbitration tribunal five days in advance; If the parties have a legitimate reason, they may request an extension three days in advance.

Legal basis] Article 5 of the Regulations for the Implementation of the Labor Contract Law, within one month from the date of employment, the employee does not enter into a written labor contract with the employer after being notified in writing by the employer; The employer shall notify the employee in writing to terminate the employment relationship, and shall not pay economic compensation to the employee, but shall pay the employee labor remuneration for the actual working time in accordance with the law.

If you have worked for less than one year, you can ask for double pay from the second month of employment.