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It is illegal for an employer not to sign a contract with an employee, and it must bear the legal consequences. Even if the employee is unwilling to sign the contract, the employer must notify him in writing and terminate the employment relationship, otherwise it is also illegal.
Regulations for the Implementation of the Labor Contract Law of the People's Republic of China
Article 5 If a worker does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the worker in writing to terminate the labor relationship, and shall not be required to pay economic compensation to the worker, but shall pay the worker remuneration for his actual working time in accordance with the law.
Article 6 Where 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, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the employee twice the monthly salary and conclude 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.
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According to the law, if a labor relationship has been established but no labor contract has been signed, a written labor contract shall be concluded within one month from the date of employment. If a written labor contract is not signed, the employer shall pay double the salary.
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Hello, this is illegal, you can ask for double salary.
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The employer shall sign a labor contract with the employee and pay the relevant social insurance.
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It is illegal for an enterprise not to sign an employment contract with its employees. To establish a labor relationship, a written labor contract shall be concluded. Article 10 of the Labor Contract Law of the People's Republic of China stipulates that a written labor contract shall be concluded to establish a labor relationship.
Article 14 If an employer does not conclude a written labor contract with a worker within one year from the date of employment, it shall be deemed that the employer and the worker have concluded an indefinite labor contract. 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 twice the monthly wage to the employee.
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Legal Analysis: It is illegal for an enterprise not to sign an employment contract with an employee. To establish a labor relationship, a written labor contract shall be concluded.
Legal basis: Labor Contract Law of the People's Republic of China
Article 10 A written labor contract shall be concluded for the establishment of labor relations. Article 14 If an employer does not conclude a written labor contract with a worker within one year from the date of employment, it shall be deemed that the employer and the worker have concluded an indefinite labor contract.
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.
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Illegal. The consequence of an enterprise not signing a contract with an employee in a timely manner is that it will pay twice the monthly salary, and even directly regard the two parties as having entered into an indefinite labor contract. 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, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the employee twice the monthly salary 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.
Article 14 of the Labor Contract Law 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 concluded an indefinite labor contract.
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Legal Analysis: Yes is illegal.
Legal basis: Labor Contract Law of the People's Republic of China
Article 10 A written labor contract shall be concluded for the establishment of a labor relationship. Article 14 If an employer does not conclude a written labor contract with a worker within one year from the date of employment, it shall be deemed that the employer and the worker have entered into an indefinite labor contract.
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 salary on a land-based basis. 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.
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Illegal. The consequence of an enterprise not signing a contract with an employee in a timely manner is that it will pay twice the monthly salary, and even directly regard the two parties as having entered into an indefinite labor contract. If the employer fails to conclude a written labor contract with a failed employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law and conclude 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.
Article 14 of the Labor Contract Law 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.
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Legal analysis: It is illegal for an enterprise not to sign an employment contract with its employees. To establish a labor relationship, a written labor contract shall be concluded.
According to Article 82 of the Labor Contract Law of the People's Republic of China, 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 salary at the end of the year.
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.
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Legal Analysis: It is illegal for an enterprise not to sign an employment contract with an employee. To establish a labor relationship, a written labor agreement shall be concluded.
According to Article 82 of the Labor Contract Law of the People's Republic of China, 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.
Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China 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.
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