Employees who do not sign an employment contract resign 50

If the employer has not signed an employment contract with the employee, the employee may apply for labor arbitration after resignation, requiring the employer to pay the arrears of wages, deposits, economic compensation, and double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), etc.

1. When applying for labor arbitration, the applicant shall bring the arbitration application, a copy of the ID card, relevant evidence, and the industrial and commercial registration information of the employer (required in some areas). After the case is filed, **, and then mediated, and the arbitration committee issued an award if the mediation fails. The labor arbitration commission does not charge a fee;

2. In labor disputes, it is key to have evidence to prove the labor relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimonies (resigned and in-service can be used), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc.; Of course, it is possible to apply for labor arbitration without evidence, but there is a risk of losing the lawsuit;

3. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees. During the application for labor arbitration, the employee shall not be delayed to work in the new unit.

Article 10 of the Labor Contract Law 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 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.

You arbitrate with the employer who gives you another insurance unit, and let this employer prove your real labor relationship.

Payslips, salary cards (go to the bank to make salary statements), work permits, work clothes, etc., it really doesn't work, you can go to the company to communicate, video recording, of course, secretly.

If you resign without signing a labor contract, you should also follow the procedures for signing a labor contract. Because the employment relationship is based on the de facto employment relationship. Therefore, it is necessary to negotiate with the employer to terminate the labor contract, or the regular employee or the probationary employee can resign by notifying the employer in writing 30 days in advance and the probationary employee 30 days in advance.

Legal basis: Article 36 of the Labor Contract Law of Can Quela terminate the labor contract if the employer and the employee reach a consensus through consultation. Article 30 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance.

The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Legal analysis: An employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. If a worker does not sign a written labor contract, it is an indefinite labor relationship, and if the worker does not conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, the worker shall be paid twice the monthly wage.

Legal basis: Article 38 of the Civil Code of the People's Republic of China stipulates that an employer may terminate a labor contract under any of the following circumstances: (1) failing 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) Failing to pay social insurance premiums for workers in accordance with law; Article 82 stipulates that if a worker fails to conclude a written labor contract for more than one month but less than one year from the date of employment, the employee shall be paid twice the monthly wage.

Legal Analysis: Under normal circumstances, a resignation contract should be signed.

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

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract if he notifies the employer of the travel space three days in advance.