The problem of double wages without a contract, how to calculate double wages without a contract

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

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.

Therefore, the question for you is that you have established an indefinite employment contract with the employer, which is protected by legislation. At the same time, you should be paid 2 times your monthly salary for the previous year.

At the same time, if you resign now, it is due to the following reasons: 1) failure to provide labor protection or working conditions in accordance with the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

You can also ask your employer to pay you severance from time to time.

Yes, the statute of limitations for labor disputes is 1 year from the date of your resignation, and you can get compensation as long as you request it within 1 year after you leave your job.

Legal analysis: If the company has not signed a labor contract, double wages can be calculated through negotiation, and if the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

Legal basis: Article 18 of the Labor Contract Law of the People's Republic of China If the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

Legal Analysis: 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 the employer does not conclude a written labor contract with the employee within one year from the date of employment, Yunqing shall be deemed to have concluded an indefinite labor contract with the employee.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay twice the monthly salary to the employee from the date on which the indefinite-term labor contract should be concluded.

Legal basis: 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-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.

Legal Analysis: Yes, if the salary has been paid, you only need to pay double the salary and establish a labor relationship within one month of signing the labor contract.

Legal basis: 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 twice the monthly salary to the worker.

Legal analysis: The employer has to pay double wages if it does not sign a labor contract. If the employer does not sign a labor contract with the employee, the employer is in violation of the provisions of the Labor Contract Law, and the employee may request the employer to pay compensation, and if the company fails to pay, the employee may apply to the Human Resources and Social Security Bureau where the employer is located for labor dispatch arbitration, and request the employer to pay the compensation.

If a written labor contract has not been concluded with the employee for more than one month but less than one year from the date of employment, the employee may request payment of twice the monthly salary from the second month. If the employee fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed to have signed an indefinite labor contract, and the employer shall unilaterally terminate the labor contract.

Legal basis: Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.