Can I get compensation if I don t sign an employment contract?

Those who have not signed a labor contract can be compensated. Before you complain to the Human Resources and Social Security Bureau ****12333, or apply to the Social Security Bureau for labor arbitration, you should have certain evidence of your on-the-job work: time card, team attendance sheet, work certificate, bank salary card, bank salary list, etc.

Failure to sign a labor contract is in accordance with Article 82 of the Labor Contract LawIf 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.

Whether or not a labor contract has been signed shall be proved by the employer.

The labor law stipulates that the company shall sign an employment contract with the employee one month after the employee's employment, and if it does not sign an employment contract with the employee after one month, it shall pay the employee double wages every month from the second month as compensation.

How to compensate for not signing an employment contract?

Legal analysis: If you have not signed an employment contract, you can claim double wages from the second month of work to one year, and generally calculate 11 months' wages. In addition, the employee can also claim severance for the termination of the contract.

Generally speaking, if an employment contract is not signed, it can be regarded as an indefinite contract, and the employer can terminate the contract by paying severance for terminating the contract. The calculation of severance shall be paid to the employee according to the number of years of service in the employer and the rate 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 pay half a month's salary as economic compensation.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China 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.

Legal Analysis: Compensation for failure to sign an employment contract can be obtained. The law stipulates that it is illegal for an employer not to sign an employment contract with an employee, and if the employer does not sign an employment contract within the specified time, the employee has the right to demand that the employee pay twice the monthly salary.

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 enter into a labor contract before employment, the employment relationship 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.

The compensation for not signing an employment contract is compensation at double wages.

The compensation for not signing an employment contract is compensation at double wages. Article 82 of the Labor Contract Law stipulates that if an employer has been in the same position for 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.

The role of the employment contract:

1. The labor contract is the basic form of establishing labor relations. It is a common practice in all countries of the world to take the labor contract as the basic situation for the establishment of labor relations.

2. Labor contracts are an important means to promote the rational allocation of labor resources. Employers can determine the number of rules and methods to hire workers according to their business or work needs, and make reasonable use of labor force by signing different types of labor contracts with different periods of time.

3. Labor contracts are conducive to avoiding or reducing labor disputes. The labor contract clearly stipulates the rights and obligations of the employee and the employer, which is not only a guarantee but also a constraint on both parties to the contract, which is conducive to improving the consciousness of both parties in performing the contract, and prompting both parties to correctly exercise their rights and strictly perform their obligations. This is because the conclusion and performance of labor contracts are conducive to avoiding or reducing the occurrence of labor disputes and stabilizing labor relations.

The above content refers to: What are the compensation and risks of the employer for not signing the labor contract-Hualu.com.