After working for more than a year and not signing a labor contract, can you still ask the factory t

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1. The unit seriously violates the law, and the "Labor Contract Law" stipulates that a labor contract should be signed within one month of establishing a labor relationship;

2. Because the employer has violated the law first, you can resign at any time after you submit your resignation in writing, and ask the employer to pay you economic compensation, double wages (up to 11 months), overtime wages, etc.;

3. If the employer withholds your salary, deposit, year-end bonus, etc., you can apply for labor arbitration together when applying for labor arbitration;

4. Collect some evidence that can prove that you have a labor relationship with this unit, such as tooling (with the word "company"), work card, work card, salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and in-service can be), etc.

Main legal basis:

Labor Contract Law:

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.

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.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and 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.

Labor Dispute Mediation and Arbitration Law:

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

If a labor contract has not been signed, double wages may be requested.

Summary. According to Article 22 of the Labor Contract Law of the People's Republic of China, the employer and the employee shall conclude a written labor contract within 15 days from the date of employment. If the employer fails to sign a written employment contract with the employee within the prescribed time, it shall be treated as an indefinite-term employment contract.

According to Article 41 of the Labor Contract Law of the People's Republic of China, if an employer infringes upon the rights and interests of an employee, it shall be liable for compensation in accordance with the law. Therefore, if an employee has worked for the company for several years and has not signed a contract, the employer has violated the provisions of the Labor Contract Law. The employee can request the company to sign a written labor contract in accordance with the law, and can require the company to pay the corresponding wages, benefits and bonuses, etc., but the double salary needs to be calculated according to the wage standard and working hours, not necessarily 12 months.

If the company refuses to sign a written labor contract and refuses to pay due wages, benefits and bonuses, the employee can protect his or her legitimate rights and interests through legal means.

If you have worked in the company for several years and have not signed a contract, can you ask for double salary for 12 months?

According to Article 22 of the Labor Contract Law of the People's Republic of China, the employer and the employee shall enter into a written labor contract within 15 days from the date of employment. If the employer fails to sign a written employment contract with the employee within the prescribed time, it shall be treated as an indefinite-term employment contract. According to Article 41 of the Labor Contract Law of the People's Republic of China, if the line of the leaker unit is invalidated, it shall be liable for compensation in accordance with the law.

Therefore, if an employee has worked for the company for several years and has not signed a contract, the employer has violated the provisions of the Labor Contract Law. The employee can request the company to sign a written labor contract in accordance with the law, and can require the company to pay the corresponding wages, benefits and bonuses, etc., but the double salary needs to be calculated according to the wage standard and working hours, not necessarily 12 months. If the company refuses to sign a written labor contract and refuses to pay due wages, benefits and bonuses, the employee can protect his or her legitimate rights and interests through legal means.

I want Wuzhou to rush to pay the corresponding wages, remuneration, and benefits, and I understand all of this. I can also resign on the grounds that it is illegal to ask it to pay the corresponding seniority compensation. Is it possible to pay double wages for one year according to the fact that it has not signed a contract for one year?

According to the provisions of the Chinese Labor Law, the failure to sign a written labor contract does not mean that the contract has not been signed. As a result, there is no legal provision to support a requirement for double wages for 12 months in the absence of a contract. If you want to protect your labor rights and interests, you should communicate and negotiate with the employer, request to sign a written labor penalty contract in a timely manner, and enjoy the corresponding labor security and welfare benefits in accordance with the provisions of the labor law.

After working for 4 years and not signing a labor contract, he can ask the unit to pay double the salary. Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the worker at the rate of one month's salary for each full year of service in the employer. If it is more than six months but less than one year, it will be 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 economic compensation shall be paid at the rate of three times the average monthly salary of the employee, and the maximum annual period of economic compensation shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average wage of an employee in the 12 months prior to the termination or termination of the labor contract.