Didn t sign a contract with the manager but had an entry form The boss fired him for no reason Labor

Workers can look for proof of the existence of an employment relationship with the employer, such as: work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimony (resigned and on the job), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc., as long as the labor relationship is proved. The employee can apply for labor arbitration and demand the employer to pay double wages for failure to sign the contract and compensation for dismissal.

How to Apply for Labor Arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Labor Contract Law of the People's Republic of China

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.

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.

Article 48 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Hello. First, please describe the problem clearly. How long have you been on the job?

This affects whether or not you are asking for double wages without an employment contract. Second, if the employment relationship is terminated illegally, the employer shall pay you severance compensation. Third, whether the company has bought social security for you, if you have not bought social security, you can claim compensation for social security losses. Thank you.

Legal analysis: When you are dismissed without signing a labor contract, you can apply for labor arbitration and demand payment of double the difference in wages and compensation for illegal termination without signing a written labor contract, and you can claim a total of two and a half months' wages.

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

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract, (2) Failure to pay labor remuneration in full and in a timely manner, (3) Failure to pay social insurance premiums for the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces an employee to perform risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he or she seriously neglects his duties, engages in malpractice, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer, (5) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the employee is investigated for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

(2) The worker is incompetent for the job and is still incompetent for the job after training or job adjustment after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and after training or job adjustment, he is still incompetent for the job, (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.

Summary. Hello dear, glad to answer your <>

<> boss dismissed the employee without reason and did not sign the contract. The two parties can negotiate and sign the relevant resignation certificate or termination of the labor contract agreement after reaching a consensus; You can file a complaint with the labor inspection brigade or the labor bureau or apply for mediation, or apply to the labor arbitration commission for labor arbitration, and if you are not satisfied with the arbitration result, you can also file a lawsuit with the court.

The boss unilaterally dismissed without reason and did not sign the contract.

Hello dear, glad to answer your <>

<> old old board dismissed employees without reason and did not sign a contract. The two parties can negotiate and sign the relevant resignation certificate or termination of the labor contract agreement after reaching a consensus; You can apply to the Labor Inspection Brigade or the Lao Hui Hood Distress Bureau or mediation, or apply to the Labor Arbitration Commission for labor arbitration, and if you are not satisfied with the arbitration result, you can also file a lawsuit with the Law and Li Court.

Legal basis: Article 46 of the Labor Contract Law The employer shall pay economic compensation to the employee under any of the following circumstances: (1) The employee terminates the labor contract in accordance with Article 38 of this Law; (2) Accusing the employer of terminating the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminating the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

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. 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 number of years for which severance shall be paid shall not exceed 12 years.

The monthly wage mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or termination of the labor contract.

Q: Because it is a private company, the boss has not signed a labor contract with the employee, and has worked for more than one year, but is suddenly notified of dismissal, what should I do?

This is analyzed on a case-by-case basis:

1. If the employer terminates the labor relationship in accordance with Article 39 of the Labor Contract Law, the employer does not need to pay economic compensation.

2. If the employer terminates the labor relationship in accordance with the provisions of Articles 40 and 41 of the Labor Contract Law, it shall pay one month's salary and pay the corresponding economic compensation according to the employee's years of service in the employer.

3. If it does not belong to the above circumstances, it is an illegal termination of labor relations by the unit, and one month's salary shall be paid, and the corresponding compensation (i.e., double economic compensation) shall be paid according to the employee's working years in the unit.

You can resign without worry.

1. If the company has not signed a labor contract after working for five years, the company's practice violates the provisions of Article 10 of the Labor Contract Law, and it needs to bear the legal responsibility of paying twice the salary stipulated in Article 82, but not more than 11 months.

2. Since it is a de facto labor relationship, the company can dismiss you, but you need to pay corresponding economic compensation (5 months' salary).

3. You were dismissed by your boss in April 11 for a reason, which is a labor dispute. It does not exceed the "limitation period for applying for arbitration of labor disputes" stipulated in Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, which stipulates that "the limitation period for applying for arbitration of labor disputes shall be one year." The limitation period for arbitration is calculated from the date on which the parties know or should know that their rights have been infringed", and it is recommended to apply for labor arbitration immediately.

Since 05, if you have not signed a labor contract, as long as you can prove that you are working in the boss's work area, regardless of whether there is a paper contract, you have signed a labor contract by default, which means that you should enjoy all the rights in the labor contract.

Go to the labor bureau to apply for labor arbitration, you must sign a contract within one month of employment, and if you don't sign the contract, you will be compensated twice the salary, and if you don't sign the contract, you will be compensated if you don't have insurance.

It is possible to claim compensation and compensation for one and a half months' salary.