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Hello, if you have not signed a labor contract, you can go to the labor inspection brigade in the jurisdiction of your unit to report.
You need to provide proof that you have worked in the company for the past two months, such as pay slips, chat logs, work badges, etc., to report to the labor inspection brigade.
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The Labor Law (95 years) does not stipulate what liability the employer needs to bear if the employment contract is not signed. Therefore, if you don't sign a contract before 08, you don't have to pay double salary.
The Labor Law (95 years) stipulates economic compensation, and the amount of economic compensation is roughly the same as that of the Labor Contract Law.
Therefore, your situation can claim double pay from 1/1/08 to the date of your separation. Financial compensation is also required. Severance commences from May 2007 to the date of your separation from work.
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 5 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts in '94 If the labor contract is terminated by the employer upon the consensus of the parties to the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year according to the employee's years of service in the employer, up to a maximum of 12 months. If the working time is less than one year, severance shall be paid at the rate of one year.
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Legal analysis: If the employer is in arrears, the employee can report to the labor administrative department (usually the labor management inspection team). It is also possible to apply for arbitration directly.
If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.
Legal basis: Labor Contract Law of the People's Republic of China Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full before the collapse, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
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If you don't sign a contract, you can sue if you resign and don't pay last month's salary. An employment contract refers to an agreement between an employee and an employer that establishes a labor and employment relationship and clarifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.
Article 10 of the Labor Contract Law stipulates that 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 labor relationship shall be established from the date on which the employee is employed.
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.
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Summary. Hello, I'm glad to have your problem, you haven't signed a labor contract within two months of joining the company + deducted wages from resignation 1, negotiate with the boss to solve it; 2. The labor arbitration commission of the local labor bureau applies for labor arbitration to get the wages back. The procedure is specifically designed to resolve labor disputes, works very well, and does not require any fees; 3. If you are not satisfied with the arbitration result, you can file a lawsuit with the court; 4. You may file a complaint with the labor inspection agency, which will order the employer to make corrections.
Failure to sign a labor contract within two months of employment + salary deduction after resignation.
You are very happy to have your problem, you have not signed a labor contract within two months of joining the company + resignation and salary deduction 1, and negotiate with the boss to solve it; 2. The labor arbitration committee, an internal institution of the local labor bureau, applies for labor arbitration to return the salary. The procedure is specifically designed to resolve labor disputes, works very well, and does not require any fees; 3. If you are not satisfied with the arbitration result, you can file a lawsuit with the court; 4. You can file a complaint with the labor inspectorate and order the employer to make corrections.
Extended information: Labor arbitration refers to the mediation and adjudication of labor disputes by labor dispute arbitration commissions on the arbitration of labor disputes applied for arbitration by the parties. In China, labor arbitration is a necessary procedure for parties to labor disputes to file a lawsuit with the people's court.
According to the Labor Dispute Mediation and Arbitration Law, the party initiating labor arbitration shall submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute. Unless the parties apply for arbitration due to force majeure or other justifiable reasons, the arbitration commission shall not accept the application if the time limit for arbitration has expired as prescribed by law.
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