The company forced the employee to retire without signing a regular contract with the employee for t

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, wage 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 the employee, attendance records, social insurance payment records, work orders, colleague testimonies (preferably on the job), audio and video recordings, or other written materials with the employee's name and official seal or the boss's signature, etc. As long as the employment relationship between the two parties is proved, the employee can apply for labor arbitration and demand the employer to pay compensation for illegal dismissal and double wages for not signing the contract.

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 the employee is not satisfied with the award, he or she can sue the court;

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

Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's service in the employer. 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.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker 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.

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.

If the dismissal is illegal, apply for labor dispute arbitration.

According to Article 19 of the Labor Contract Law, an employment contract may stipulate a probationary period, which is the period during which the employer examines whether the employee meets the employment requirements and the employee whether the employer is suitable for him/her. During the probationary period, if the employee does not meet the employment requirements, the employer may terminate the labor contract; 1. If the employee believes that the employer is not suitable for him/her, he/she may terminate the labor contract by notifying the employer 3 days in advance. However, if the employment contract only stipulates a probationary period, the probationary period shall not be established.

Therefore, if the employee has not signed a regular contract, the previous probationary period is not established, and it is a formal period, and the employer shall not apply the provisions on terminating the contract if the probationary period is not qualified.

During the performance of the labor contract, the employer terminates the labor contract in the following three situations:

1. If the employee is legally at fault, the employer shall terminate the contract in accordance with Article 39 of the Labor Contract Law without compensation. If the employer suffers losses, the employer may claim compensation for part of the losses.

2. If the worker is not legally at fault, the employer shall pay severance compensation.

If the employee is not legally at fault, the employer may terminate the contract in accordance with Articles 36, 40, 41 and 42 of the Labor Contract Law, but shall pay one month's salary and severance for each year of the employee's years of service in the employer, and one year if the employee has completed six months but less than one year, and if it has less than half a year, it shall be paid half a year. Among them, if the labor contract is terminated in accordance with the provisions of Article 40, one month's written notice shall be given in advance or an additional month's salary in lieu of notice shall be paid.

The wages for calculating severance payments shall be calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, overtime wages, bonuses and wages paid under special circumstances. If the salary is higher than 3 times the average wage of local employees, it shall be calculated at 3 times the average salary of local employees, and if it is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard.

3. Compensation shall be paid for illegal termination of the contract.

If the termination of the contract by the employer does not comply with the provisions of the law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the contract; 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 at twice the amount of the severance payment.

Illegal dismissal during the probation period is also subject to legal responsibility, and a lawyer may be entrusted to apply for labor arbitration to protect rights.

If an employer recruits a worker with a probationary period, it shall clearly stipulate it in the written labor contract. During the probationary period, if the employer terminates the labor contract on the grounds that the employee does not meet the employment criteria, it shall have clear evidence to prove it. It could not be proved that the contract was officially effective at the end of the probationary period.

If the employer and the employee do not sign a written employment agreement, the probationary period shall be invalid. Beyond thirty, the worker can demand double wages. If it exceeds one year, the employee and the employer have formed a de facto indefinite labor contract.

In case of disputes, the employee may apply for labor arbitration.

If the company believes that the employee is not qualified during the probationary period, it can dismiss the employee according to the terms of the agreement, but the necessary labor remuneration must be paid according to the labor paid by the employee during the probationary period.

You can go to the local labor inspection brigade to complain and report.

During the probationary period, the company has the right to terminate the labor contract without paying labor compensation.

Failure to sign a regular contract is a reasonable act without a letter of dismissal from the company during the probationary period, and there is no need to compensate the employee.

It's normal to be dismissed if you don't become a regular, and this period is called the probationary period.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

There is no need to wait a month. If the employer does not pay the endowment insurance or does not sign the labor contract for 7 months, you can terminate the labor relationship with the employer at any time and claim compensation from the employer.

Legally you are not a regular employee, if the other party says that you are going to say hello a month in advance, then he thinks that you are a regular employee, but in fact you have not signed a contract. So don't bother with it, as for the insurance he said, that's, the insurance starts to be paid when the contract comes into effect, and it's the end of the month, and he says it's already paid in March, and you're not a regular employee in March.

The key is to see how long the probationary period is agreed upon in writing, and look at the agreement in the probationary contract. If the probationary period has passed, both parties have no objection to continue to cooperate until now, but you have not signed a formal contract, and the 3 gold has not been paid so far, it means that you are not a regular worker. He has nothing to say if you want to leave.

Nor will it wait a month. After handing over the work, you can go.

If you don't sign it, you can just resign, because you are not a regular employee yet. But there is no labor compensation.

Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded for the establishment of an employment relationship. 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 19 stipulates that the probationary period shall not exceed six months for a fixed-term or indefinite-term labor contract of more than three years. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 38 stipulates that an employee may terminate a labor contract under any of the following circumstances: (3) failing to pay social insurance premiums for the employee in accordance with the law; Article 46 provides:

Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The worker terminates the labor contract in accordance with Article 38 of this Law; Article 82 stipulates that 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.

In accordance with the above:1After 7 months of work, he has not signed a labor contract, and he has become a regular employee, and there is no problem of becoming a regular employee; 2.

If the company has not paid the insurance, you can leave at any time; 3.Enterprises are required to pay supplementary insurance, pay double wages, and pay economic compensation.

Summary. If the employer requests to terminate the contract in advance before the expiration of the labor contract, it must inform the employee one month in advance and pay compensation. If the employer terminates the contract in advance, it shall pay wages in lieu of notice and severance payments.

Article 40 of the Labor Contract Law stipulates that under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary: (1) the employee is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

I signed a one-year labor contract, and I was not regularized for three months, and then I was to be dismissed.

Hello dear, if the employer requests to terminate the contract in advance before the expiration of the labor contract, it needs to inform the labor group one month in advance and pay compensation. If the employer terminates the contract in advance, it shall pay wages in lieu of notice and severance payments. Article 40 of the Labor Contract Law stipulates that 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:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (2) The worker is not competent for the job, and after training or job adjustment, he is still unable to succeed in the work assigned to the bureau; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer fails to reach an agreement on changing the content of the labor contract after negotiation between the employer and the employee.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China stipulates that an employee 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 Under any of the following circumstances, an employer may terminate a labor contract with stuffy dates: (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) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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 directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.

Summary. Because it doesn't matter if you sign a positive agreement or not? Your labor relationship has been established, and if the company refuses to pay you the corresponding wages, it is equivalent to violating the labor law of the company or the employer, and the labor remuneration needs to be paid to the employee according to the actual working hours, which is a legal provision.

After working for a few days to the company, the employee was dismissed due to the company's reasons, but the company did not sign the positive agreement, and the company did not want to pay it.

Hello. If the company refuses to pay your labor wages, you can go directly to the labor brigade where the company is located to report it.

Because it doesn't matter if you sign a positive agreement or not? Your labor relationship has been established, and if the company refuses to pay you the corresponding salary, it is equivalent to violating the labor law that the company or the company needs to pay the employee according to the actual working time, which is a legal provision.

Good. You'd better record a video with your boss while you're playing to make a piece of evidence, so that the report will be more powerful.

Ok thanks.

You're welcome, just typing faster and a little typo, I hope it won't cause you inconvenience in reading.

If you are satisfied, you can like it, or click on my avatar to follow me, so that you can send me a consultation at any time if you have any questions in the dust hall. Thank you for your consultation and have a great day!

If the guest pushes the employee down the stairs at work, the company does not compensate, and the employee leaves the company as soon as the mask is removed.

In this case, you still have to pay for it.

How to deal with it?

If you are here, go directly to the boss to talk, whether you are willing to pay or not, as long as the boss refuses you, go directly to the labor brigade to report and complain.

Good. Uh-huh.

If you are satisfied, you can like it, or click on my avatar to follow me, so that you can send me a consultation at any time if you have any questions in the dust hall. Thank you for your consultation and have a great day!