I didn t sign a labor contract and my boss fired me, what should I do?

What are the rules and regulations of your factory, if you don't sign a labor contract, you can claim double wages. You can go to the ** in my username to take a look, there are many lawyers in it who offer free** consultations, I hope it can help you.

There will be labor compensation. If a labor contract is not concluded, the fault lies with the employer. Article 82 of the Labor Contract Law stipulates that:

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. Article 14 stipulates that if an employer does not conclude a written labor contract with an employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract (i.e., not a permanent employee).

The burden of proof in labor disputes lies with the employer, not you, as long as you can prove that you have been in the factory, there is nothing else to do. The compensation method shall be in accordance with Article 47 of the Labor Contract Law: The severance shall be paid to the employee according to the number of years of service in the employer 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. 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.

Now you have to talk about the procedure, and you should sign the labor contract at the same time as you find a job, if you don't have a labor contract, you can't do anything.

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Legal analysis: If the employer does not sign a labor contract when working in the unit, and the employer dismisses the employee on this ground, the employee can claim double wages from the employer as compensation, and can also claim economic compensation from the employer. After the establishment of the employment relationship, the employer needs to sign the employment contract with the employee within one month, otherwise it will be liable for compensation.

What should I do if the boss fires the employee without signing the labor contract.

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Legal analysis: If the employer does not sign a labor contract when working in the unit, and the employer dismisses the employee on this ground, the employee can claim double wages from the employer as compensation, and can also claim economic compensation from the employer. After the establishment of the labor relationship, the employer needs to sign the labor contract with the employee within one month, and if it fails to do so, it must bear the responsibility of the compensation group.

Legal basis: Article 82 of the Labor Contract Law: If the 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, the employer shall pay the employee twice the monthly wage.

During the one-month "grace period", if the employer terminates the labor contract due to the employee's failure to sign a written labor contract, the employer may not pay economic compensation, and if the employee does not sign a written labor contract and the employer terminates the labor contract for more than one month, the employer shall pay the economic compensation in accordance with the law.

If the employer fires an employee without a labor contract, it can be dealt with in the following ways:

1. If the employer dismisses the employee without signing a labor contract, the employee may negotiate with the boss to resolve the situation, and if the employer cannot reach an agreement through negotiation, apply for arbitration settlement, claim double wages without signing the labor contract, make up social security or pay corresponding economic compensation, and the employer may request payment of one month's salary if the employer fails to notify the employee of the termination of the labor relationship one month in advance;

2. Dismissal is an act of dismissal by an employer, which refers to a compulsory measure taken by an employer against an employee for some reason. According to the different reasons, it can be divided into disciplinary dismissal and normal dismissal. Dismissal for violation of discipline refers to an administrative measure taken by an employer to forcibly terminate the labor relationship in accordance with the law for an employee who has seriously violated labor discipline or the internal rules of the enterprise, but has not envied Zheng Xun to the extent of being dismissed or removed.

Normal dismissal refers to a measure taken by an employer to terminate the labor relationship with an employee in accordance with the production and operation conditions and the situation of the employees, and in accordance with the national and local policies and regulations on changing the operating mechanism of the enterprise and resettling redundant personnel in the course of reform.

How to deal with the unit that has not signed a labor contract:

1. According to the "Labor Law" and the "Labor Contract Law": a labor contract shall be signed for the establishment of labor relations, and wages shall be paid in full and in a timely manner.

2. If the boss does not pay wages when resigning without signing a labor contract, there are the following solutions:

1) Negotiate with the boss to settle the problem;

2) The labor arbitration commission of the local labor bureau applies for labor arbitration to get back the wages. The procedure is specifically designed to resolve labor disputes, works very well, and does not require any fees;

3) If you are not satisfied with the arbitration result, you can file a lawsuit with the court;

4) You can file a complaint with the labor inspection agency, which will order the employer to make corrections.

Issues to be paid attention to in labor contract disputes:

1. Timeliness. If an application for labor arbitration is made, a written application shall be submitted to the Labor Dispute Arbitration Commission within one year from the date of occurrence of the labor dispute.

2. Evidentiary issues. Proof of the existence of an employment relationship, such as a colleague, work permit, and work clothes are acceptable.

To sum up, if the boss dismisses an employee without signing a labor contract, he can negotiate with the boss to settle it, and if he cannot reach an agreement through negotiation, he can apply for arbitration to settle it.

Legal basis]:

Article 90 of the Labor Contract Law of the People's Republic of China.

If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation stipulated in the labor contract, or causes losses to the employer, he shall be liable for compensation.