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It is legal for the company not to sign the labor contract, because you do not have the main qualification of the labor contract law (not a worker), and your relationship is still in school, but as an internship, the company should sign an internship (apprenticeship) agreement with you, clearly agree on the content of the internship, etc., it is recommended to talk to the company and sign the agreement first! After you officially graduate, the company should sign a labor contract with you and pay social insurance! If your internship is different from what you said at the beginning, then you can go to court to sue!
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According to the latest labor contract law, once the employer recruits the employee, it must sign an employment contract and pay insurance at the same time. Of course, when the employer refuses for the same reason, you can use the junior high school diploma to work in this capacity, haven't you graduated? You can also report it to the Ministry of Labor.
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Our company has also consulted the labor and social security department on this issue, and the reply is that the employer does not need to sign a labor contract with the employee when recruiting interns who are in school (not yet graduated), because the students do not yet have the qualifications for workers. However, it is possible to sign an intern employment contract with the intern and does not need to be insured for the intern.
Because you do not meet the requirements of a worker, it is not a violation of the labor law for the company not to sign a contract with you.
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When recruiting, both parties have negotiated when to sign the contract and what benefits are enjoyed? If there is, of course, you can sue them. Actually, I remember that we used to be like this, but that internship, when I went, I copied materials for others, and so on.
If you want to let yourself know more about this in the future, take a good look at the latest labor law on the Internet, which will be beneficial to your current or future work.
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Personally, I don't think your company is breaking the law because it has a good reason, (you are an intern).
If you don't sign a contract and get insurance after getting your graduation certificate in June 2008, then your company has violated the labor law!
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You have no right to sue the company before the contract is signed; Moreover, the company's reason is very legitimate, that is, you can only enjoy the treatment of a regular employee after you get your graduation certificate!
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Yes, now the employer has to sign a contract, otherwise he will be sued. For details, please search for the newly promulgated labor law on the Internet.
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What should I do if the company does not sign the contract: if the company refuses to sign the labor contract within one month, it has the right to terminate the labor relationship without paying economic compensation; If the company refuses to sign the contract for more than one month but less than one year, the employee can file a labor arbitration to request the employer to pay double wages from the second month, up to 11 months of double wages.
Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded 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 of the Labor Contract Law of the People's Republic of China 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 labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite labor contract should be concluded.
As far as you said, it is as follows: 1. You have no evidence to prove that your monthly salary standard is 5,000 yuan, in other words, you have no evidence to prove that the company owes you another 2,000 yuan in wages every month. 2. If you have not signed a labor contract, the company has violated the law first, and you should bear legal responsibility in accordance with Article 82 of the Labor Contract Law, and should pay you twice the monthly salary and make up a written labor contract with you. >>>More
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1. If the labor contract has not expired, it is necessary to submit a written resignation application and an application for termination of the labor contract to the department leader one month in advance, and report to the human resources department after the department leader signs the opinion. 2. The human resources department shall report to the department level by level, and after the approval of the general manager and the chairman, the human resources department shall notify the department leaders to arrange the work handover. 3. Employees need to hand over in turn according to the contents of the "Departing Employee Handover Formalities", "Work Handover Schedule" and "Item Handover Sheet", and after the Finance Department settles the loan, the handover is deemed to be completed after the handover is signed and confirmed by both parties and department leaders. >>>More