Is it legal for me to sign an employment contract with an agent but not with the employer?

It is not legal, the contract signed with the intermediary is a labor dispatch contract, and the contract signed with the employer is the contract confirming the labor relationship. The main difference between signing a contract with a labor dispatch company and signing a contract with your own unit is that the subject of the labor relationship is different. The labor contract is signed directly between the employee and the employer.

The labor dispatch contract is signed between the worker and the dispatch company, and then the dispatch company dispatches the employee to work at the actual employer, and the labor contract is generally concluded for a longer period.

Legal analysis

The employment contract states that the employee is an employee of the employer, and the labor dispatch contract states that the employee is an employee of the labor service company and not an employee of the employer. First of all, the income will be different, the employees who sign a contract directly with the unit will receive more preferential treatment in all aspects, while the income of the employees who sign a contract with the labor dispatch company depends on the overall efficiency of the labor dispatch company, and the income is generally lower. Secondly, the handling of labor disputes is different, if a contract is signed with the employer, then under normal circumstances, its benefits and treatment and dispute resolution are guaranteed to a certain extent.

However, if you sign a contract with a labor company, the employer can often easily infringe on the rights and interests, and it is difficult for employees to protect them. After signing a labor contract with a labor dispatch company, the labor dispatch company will generally send the worker to work in the actual employing unit, and the labor dispatch company will enter into a dispatch agreement with the actual employing unit. Therefore, the actual employer will not conclude a labor contract with the employee.

If a labor dispute occurs during the course of work, the employee can directly seek responsibility from the labor dispatch company, and if the actual employer is at fault and causes losses to the employee, the employee can claim joint and several compensation.

Legal basis

Labor Law of the People's Republic of China

Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.

Article 17 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. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Hello, your act of signing a labor contract with an intermediary is a pawn labor dispatch act, which is clearly stipulated in the Labor Contract Law.

Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.

Article 60 The labor dispatch unit shall inform the dispatched worker of the contents of the labor dispatch agreement.

The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched worker in accordance with the labor dispatch agreement.

Labor dispatch units and employing units shall not collect fees from dispatched workers.

If the agent you are talking about has the qualification to dispatch, it is legitimate.

1. In accordance with 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.

The employer has the obligation to sign a labor contract with the employee.

2. According to Article 82 of the Labor Contract Law of the People's Republic of China, 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.

Therefore, the employee can file a labor arbitration with the labor arbitration commission and request the employer to pay double wages.

It's definitely illegal not to sign an employment contract.

Article 82 of the Labor Contract Law of the People's Republic of China 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." ”

Regardless of whether you are introduced by a friend or an intermediary company, the establishment of labor relations and the signing of labor contracts are mandatory matters stipulated by national laws, and the company has the obligation to sign the corresponding labor contract with you.

Of course, if you are working in the company as a labor dispatcher, then you also need to sign a corresponding labor contract with the labor service company of the intermediary, that is, the employing unit, and then the intermediary Beiqinling Company will send you to work in the company that uses the imitation relative, which is now the company.

In short, no matter what, you need to sign a labor contract, and companies that do not sign a labor contract are illegal.

You may first negotiate with the employer, or invite relevant institutions or a third party to negotiate with the employer to reach a settlement agreement; If they are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement through negotiation, they may apply to the mediation organization for mediation; If the negotiation fails, it may apply to the mediation organization for mediation, and if it is unwilling to mediate, the negotiation fails or the negotiation fails, it may apply to the labor dispute arbitration commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

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 salary for each remaining month.

Summary. Hello dear! We'll be happy to answer your questions.

The employing unit does not sign a contract with me, but asks the intermediary company to sign a labor contract for me, which is legal because your treatment may not wait for fair treatment! And you can't count as an employee of the company you work for! You can only go to that company as an employee of an intermediary company to help, so there are many things you may not be able to enjoy!

And many things that apply to labor law will be avoided, such as arbitrary dismissal, because you are not the company, so there is no such thing as dismissal! So if you can sign a formal contract, you can sign it officially! After all, signing with an intermediary is tantamount to betting on whether he has a conscience, and if not, you may be miserable" Legal basis The legal basis of the labor contract is the "Labor Contract Law of the People's Republic of China".

The relevant legal provisions on the signing of labor contracts include: to establish a labor relationship, a written labor contract shall be concluded within one month from the date of employment; The employer and the employee can choose the type of employment contract to be concluded through consultation; The employment contract is signed by both parties.

Is it legal for the employer not to sign a contract with me, but to ask the intermediary company to sign a labor contract for me?

Hello dear! We'll be happy to answer your questions. The employing unit does not sign a contract with me, but asks the intermediary company to sign a labor contract for me, which is legal because your treatment may not wait for fair treatment!

And you can't count as an employee of the company you work for! You can only go to that company as an employee of an intermediary company to help, so there are many things you may not be able to enjoy! And many things that apply to labor law will be avoided, such as arbitrary dismissal, because you are not the company that disturbs you, so there is no dismissal!

So if you can sign a formal contract, you can sign it officially! After all, signing with an intermediary is tantamount to betting on whether he has a conscience, and if not, you may be miserable" Legal basis The legal basis of the labor contract is the "Labor Contract Law of the People's Republic of China". The relevant legal provisions for the signing of labor contracts are:

To establish a labor relationship, a written labor contract shall be concluded within one month from the date of employment; The employer and the employee can choose the type of labor contract to be concluded if they reach a consensus through consultation; The employment contract is signed by both parties.

Tell me more about it, and I'll be able to help you better.

Legal analysis: If it is an illegal act, the worker can apply to the Labor and Personnel Dispute Arbitration Commission to pay twice the salary of the employer.

Legal basis: Civil Code of the People's Republic of China

Article 906 Moshan 11 An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude the contract or provides intermediary services for the conclusion of the contract, and the client pays remuneration.

Article 962 The intermediary shall truthfully report to the client on matters relating to the conclusion of the contract.

Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, harming the interests of the client, it must not request payment of remuneration and shall bear the liability for compensation.

Legal analysis: If you have signed a labor contract with the company, then you need to fulfill the obligation of 30 days' written notice in accordance with Article 37 of the Labor Contract Law, and the labor contract between you and the company will be terminated and the labor relationship will be terminated after the expiration of 30 days. You apply for resignation one week in advance, which is obviously in violation of the above regulations, and the company approves your application for a job on a job in Jianhuai, but it does not mean that it accepts your application one week in advance.

Therefore, it is not improper for the company to withhold your salary (which should pay you for the period you have worked). If you don't even know what type of employment contract you have signed with the company, it will be quite difficult to solve the problem. The probationary period is up to six months, and a probationary period of one year is clearly illegal.

Secondly, if the company fails to pay social insurance premiums for you during the one-year period of your employment, you can terminate the labor contract with the company in accordance with Article 38 of the Labor Contract Law, and you also have the right to require the company to pay economic compensation for the termination of the labor contract and make up the outstanding social insurance premiums.

Legal basis: Civil Code of the People's Republic of China

Article 961:An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude the contract or provides intermediary services for the conclusion of the contract, and the client pays remuneration.

Article 962:The intermediary shall truthfully report to the client on matters related to the conclusion of the contract.

If the intermediary deliberately conceals important facts related to the conclusion of the contract or provides false information, harming the interests of the client, it shall not request payment of remuneration and shall be liable for compensation.