If there is no labor contract, will the labor bureau solve the problem?

Will manage. If you have any labor problems, you can ask the local labor inspection brigade to help solve them, or you can apply to the local labor arbitration institution for arbitration. They can all help workers resolve disputes, such as non-signing labor contracts, non-payment of social insurance premiums, and non-payment of unpaid wages.

Disputes over industrial accidents, etc., it's just that you have to provide relevant evidence.

Article 10 The administrative departments for labor and social security shall carry out labor security inspections and perform the following duties:

1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;

2) To inspect the employer's compliance with labor security laws, regulations and rules;

3) To accept reports and complaints about violations of labor security laws, regulations or rules;

4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.

Article 11 The administrative departments for labor and social security shall carry out labor security supervision on the following matters:

1) The employer's formulation of internal labor security rules and regulations;

2) The circumstances of the conclusion of a labor contract between the employer and the employee;

3) The employer's compliance with the prohibition of child labor;

4) The employer's compliance with the special labor protection provisions for female employees and juvenile workers;

5) The employer's compliance with the provisions on working hours, rest and vacation;

6) The employer's payment of wages to workers and implementation of the minimum wage standard;

7) The employer's participation in various social insurances and payment of social insurance premiums;

8) Employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions comply with the provisions of the State on employment introduction, vocational skills training and vocational skills assessment and appraisal;

9) Other labor security supervision matters stipulated by laws and regulations.

Article 12: Labor security inspectors perform their duties of labor security supervision in accordance with law and are protected by law.

Labor security inspectors shall be loyal to their duties, enforce the law impartially, be diligent and honest, and keep secrets.

Any organization or individual has the right to report or make accusations against labor and social security inspectors for violations of law and discipline by them.

Labor Arbitration Law:

Article 21 The Labor Dispute Arbitration Commission shall be responsible for the jurisdiction of labor disputes occurring in the region.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.

Yes, it is a de facto labor relationship.

Hello, your case will be accepted by the Labor Bureau. However, you will need to provide some evidence that is beneficial to your claim.

1. If you have not signed a labor contract, you need to provide your basis for the employer, such as a payroll; Sign-in sheet; Work records, etc.

2. Proof of salary, such as bank statement and signed salary schedule;

3. Proof of working hours, such as the time you started working, the time you ended the labor relationship, etc.

Legal analysis: There is no contract to find the labor bureau useful. It is in itself illegal for an employer to fail to sign an employment contract with an employee.

The labor relationship itself is a de facto relationship, and the signing of the labor contract is not the main element, and the labor contract is mainly to prove the existence of the labor relationship between the two parties. The worker can then go to the labor bureau to apply for arbitration.

Legal basisLabor Contract Law of the People's Republic of China

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.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Legal analysis: It is legal for a company to sign a written labor contract with an employee without filing it with the labor bureau, as long as the labor contract does not violate national laws or regulations, it is a valid contract. The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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 relationship between the employer and the employee shall be established from the date of employment.

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

If there is no contract, it is useful to find the labor bureau, but it is recommended to negotiate and mediate with the employer first. If the mediation fails, the applicant may apply to the Labor Dispute Arbitration Commission for arbitration. It is also possible to apply directly to the Labor Dispute Arbitration Commission for arbitration.

If the applicant is dissatisfied with the arbitral award, he or she may directly file a lawsuit with the people's court.

Legal basisArticle 4 of the Law on Mediation and Arbitration of Labor Disputes.

In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

If the employer has not signed a labor contract with the employee, the employee may apply for labor arbitration and require the employer to pay the arrears of wages, deposits, economic compensation, and double wages (starting from the second month of employment, up to 11 months), etc. The statute of limitations for labor arbitration is one year, and the employee should apply for labor arbitration within the time limit. 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) when filing the case.

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, evidence to prove the labor relationship is the key, 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 testimony (resignation and in-service are acceptable), audio and video recordings or other written materials with your name and official seal or the signature of the boss, etc.; Of course, it is possible to apply for labor arbitration without evidence, but there is a risk of losing the lawsuit;

Article 2 of the Notice on Matters Concerning the Establishment of Labor Relations Article 2 If an employer has not signed a labor contract with an employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties: (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) The employer disburses it to the worker"Work permit"、"Service card"and other documents that can prove identity; (3) Recruitment and recruitment by the employer filled in by the worker"Registration form"、"Registration form"and other recruitment records; (4) Attendance records; (5) Testimony of other workers, etc. Among them, the relevant vouchers in items (1), (3), and (4) shall bear the burden of proof by the unit that uses the congratulatory person.