Part time job, the company doesn t give money, no contract is signed, is there any way to get my sal

If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, it is recommended that you take a look at the Labor Law, the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

Keep proof of your employment for the company, such as a work permit or certification, and report it to your local labor office.

Yes, apply for labor arbitration. You can provide physical and personal evidence of your work here.

Apply for labor arbitration, lawyer Han Jinhua of Zongheng Legal Network.

Legal Analysis: Failure to sign a labor contract is an illegal act, and 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 is in arrears of wages, the employee can choose to request the employer to pay the wages in a stupid and legal way.

Workers can file a complaint with the local labor inspection brigade or apply for labor arbitration at the local labor dispute arbitration committee.

Legal basis: Labor Contract Law of the People's Republic of China Article 82 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 the employer violates the provisions of this Law by not concluding an indefinite-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

It is illegal to go to work without signing a contract. Employees who do not sign a labor contract do not need to declare in advance when resigning, they can leave their jobs at any time, and can request double salary compensation for all office time for more than one month, and the employer may also face warnings and penalties from the labor administrative department. Legal basis:

Labor Contract Law of the People's Republic of China Article 82 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: If the employer has not signed a labor contract with the employee and is in arrears of wages without reason, the employee can look for proof of the existence of an employment relationship with the employer, such as a work permit or work card, etc., as long as the labor relationship between the two parties is proved, the employee can apply for labor arbitration to protect his rights and interests.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Regulations for the Implementation of the Labor Contract Law of the People's Republic of China Article 6 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 wage to the laborer in accordance with the provisions of Article 82 of the Labor Contract Law, and make up 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.

Legal Analysis: Go to court to sue. According to the relevant laws of China, an individual does not have the qualifications of an employer, so the two parties do not form an employment relationship, but an employment relationship, and if the employer does not pay wages on time, the employed person can sue the parties to the court.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law shall apply to the acceptance of civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them due to property and personal relations.

Article 119:The following conditions must be met for initiating a lawsuit: (1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Summary. Hello, happy to answer your <>

If you don't have a contract, you can sue in court if you don't get your wages back. The following ways can also be considered:1

Claim contract wages from the employer: Contractual wages can be claimed from the employer and the employer may be required to pay the wages according to the wage rate agreed in the contract. 2.

Complain to the labor department: If the employer refuses to pay the contracted wages, it can file a complaint with the local labor department and ask the labor department to intervene in mediation to protect its legitimate rights and interests. 3.

Sue the court: If the employer still refuses to pay the contracted wages, he can file a lawsuit with the local court and ask the court to make a judgment in accordance with the law to protect his legitimate rights and interests.

What if you don't have a contract salary and don't come back.

Hello, happy to answer your <>

If you don't have a contract, you can sue in court if you don't get your wages back. The following ways can also be considered:1

Claim contract wages from the employer: You can ask the employer for the contract salary, and require the employer to pay the wages according to the wage standard agreed in the contract. 2.

Complain to the labor department: If the employer refuses to pay the contracted wages, he or she can file a complaint with the local labor department and ask the labor department to intervene in mediation to protect the legitimate rights and interests of the hailstorm. 3.

Sue the court: If the employer still refuses to pay the contracted wages, he can file a lawsuit with the local court and ask the court to make a judgment in accordance with the law to protect his legitimate rights and interests.

Legal basis: Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

He Xiankuan: Article 10: Employers shall, in accordance with the provisions of the labor contract and state regulations, pay labor remuneration to workers in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, 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.

Summary. Kiss! Hello!

If you don't sign a contract and don't pay your salary, you can file a lawsuit with the court on an individual basis. In the case of non-payment of wages in the employment relationship, the party 2 can be sued in the court: the act of evading the payment of the labor remuneration of the employee, or the act of failing to pay the labor remuneration of the employee if the amount is relatively large, and the refusal to cooperate with the payment of wages after the rectification order is ordered, constitutes the crime of refusing to pay the labor remuneration.

Kiss! Hello! If a part-time worker does not sign a contract and does not pay his salary, he can file a lawsuit with the court on an individual basis.

If the employment relationship does not collapse and the wages are not paid, the party 2 can be sued to the court: the act of evading the payment of the labor remuneration of the laborer, or the ability to pay the labor remuneration of the laborer but not paying the laborer's labor remuneration, and the amount is relatively large, and after the rectification is ordered, the refusal to cooperate with the payment of wages constitutes the crime of refusing to pay the labor remuneration.

Legal Analysis: If the employer has not signed a labor contract with the employee and is in arrears of wages without reason, the employee can look for proof of the existence of an employment relationship between the employer and the employer, such as a work permit or work card, etc., as long as the labor relationship between the two parties is proved, the employee can apply for arbitration to protect his rights and interests.

Go to court and sue. According to the relevant laws of the country, an individual does not have the qualifications of an employer, so the two parties form an employment relationship instead of an employment relationship, and if the employer does not pay wages on time, the employee can sue the parties in court.

1. Is an employment contract the same as an employment contract?

An employment contract is not the same as an employment contract. An employment contract is a labor service agreement, which is voluntarily signed by the employer and the employee on labor matters, and the two parties only establish an employment relationship, while a labor contract is an agreement between the employee and the employer to establish the labor relationship and clarify the rights and obligations of both parties. Therefore, an employment contract is not the same as an employment contract, one is an employment relationship and the other is an employment relationship.

2. How to deal with work-related injuries without a labor contract?

What to do if there is no labor contract for work-related injury compensation First, prove the labor relationship: although the labor contract has not been signed, as long as it is proved that there is a de facto labor relationship, it can still be compensated according to the work-related injury compensation standard: proof of de facto labor relationship:

A de facto employment relationship refers to a labor and employment relationship formed without a written contract or a valid written contract, as well as a labor and employment relationship reached by oral agreement. The confirmation of a de facto employment relationship requires the existence of the de facto existence of hired labor. The legal status of "de facto labor relations" confirms that labor relations do not depend on the existence of written contracts, expands the scope of labor protection, imposes greater constraints on employers who do not sign labor contracts, and protects the legitimate rights and interests of employees.

3. What should I do if I don't pay wages in the employment relationship?

After the establishment of an individual employment relationship, if the employer does not pay the remuneration to the employee as agreed, the employee may file a lawsuit with the people's court to claim the remuneration for labor.

The parties to the employment relationship are equal and have no affiliation. In the event of a labor dispute between the parties to the employment relationship, the civil dispute settlement procedure shall apply, and the parties may use arbitration or litigation to resolve the dispute.

The parties may apply to the arbitration institution for arbitration in accordance with the arbitration agreement or arbitration clause, or directly file a lawsuit with the people's court, and labor arbitration is not a pre-procedure for litigation.

Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relations. Article 119:Requirements for initiating a lawsuit: The following conditions must be met for initiation:

1) The plaintiff is a citizen, a legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.