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No, there is no compensation for your own resignation.
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Hello! If you resign yourself, the company will not compensate you. You can apply for labor arbitration to claim compensation and compensation.
That is, the company does not sign a labor contract, and from the second month of employment to the full year, the company should compensate double the salary, and you can get 11 months' salary compensation. If you still do not sign the contract after one year of service, you shall be deemed to have signed an indefinite term labor contract, and you have resigned from the company due to illegal employment, and the company shall be required to pay you severance according to the standard of one month's salary for each year of work.
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1. In accordance with Article 10 of the Labor Contract Law of the People's Republic of China, a written labor contract shall be concluded to establish a labor 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. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
The employer has the obligation to sign a labor contract with the employee.
2. According to Article 82 of the Labor Contract Law of the People's Republic of China, 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.
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.
Therefore, the employee can file a labor arbitration with the labor arbitration commission and request the employer to pay double wages.
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They may apply for labor arbitration.
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1. After working in a private enterprise for 8 years, he has not signed a contract, resigned voluntarily, no compensation, and no double salary difference, because the one-year arbitration statute of limitations has expired;
2. Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes [Limitation for Arbitration] The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.
The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.
Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.
If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.
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If you voluntarily resign, you can ask for compensation and negotiate with your boss. Generally, there is no compensation.
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Yes, if the company and you do not renew the contract, it will be considered a long-term contract. You can ask for compensation.
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The first is that you can't resign! You quit and you don't have anything, just let them fire you.
1. Make up one year's salary (although the state has regulations on double wages without a contract, but it will not give you 5 years, and it has only been 4 years since the new law was introduced in 08. Hehe. It should give you a year's salary.
If the employer does not conclude a written labor contract with the 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. 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. ”)
2. Make up the payment of social security, medical insurance, and provident fund (if others have it);
3. If you want to be embarrassed, they can ask them to pay back for you, but you don't need cash. In this way, they still have fines to pay, which is a lot of trouble. But it's recommended to come to some later. However, it is important to address the issue of length of service, which involves receiving a pension and applying for a CPF mortgage in the future.
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Double salary, recovery of social security and medical insurance.
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Five years is not a short period of time, and it is important to be able to obtain various types of insurance.
First of all, you must obtain conclusive evidence to prove that the responsible party for not signing the employment contract is the employer (company) before you can claim all insurance benefits from them. If the negotiation fails, you can apply to the labor arbitration department for arbitration based on the facts. A request for a civil lawsuit may also be filed with the people's court.
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You can ignore the company, but it's better to get proof of work for the company and go straight to the local labor arbitration
The specific content of the request is as follows:
1. Require the company to pay another double salary without signing a labor contract (for example, if you entered the market on January 1, 2008 and the monthly salary is 1,000 yuan, the company should pay you 12 months * 1,000 yuan).
2. If the company requests to terminate the labor contract, the company shall pay me one month's salary for every year I have worked in the company.
3. If it is urban insurance, you can ask the company to make up the payment, and if it is farmer insurance, the state has a formula to calculate how much the company should compensate you.
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If you don't sign a contract, you should be paid double the salary; Dismissal, compensation compensation.
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1. If the company has not signed a labor contract, according to Article 82 of the Labor Contract Law, 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. Based on this, you can claim double your salary since joining the company.
2. Take the initiative to resign (terminate the de facto labor relationship), and the reason for resignation: the company does not sign the labor contract on time.
3. The above requirements, usually the company will not recognize, so to claim legitimate rights and interests, to obtain legal labor income, must go to the labor arbitration department to apply for arbitration (no fee), through the award issued by the labor arbitration, to the company to claim, if the company does not pay, can apply to the court for enforcement.
7. During arbitration, you can try to collect some relevant evidence, which is conducive to ruling, and it does not matter if there is none, in labor dispute cases, according to the relevant laws and regulations of the state, the burden of proof lies with the employer, and the employer will be ordered to present relevant evidence.
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Those who have not signed the "Labor Contract" are also regarded as "regular employees". Received the protection of the Labor Contract Law.
If you resign, how can you still be compensated??? Unless there is a fault of the employer in the manner prescribed by law, you cannot claim compensation, because there is no basis for it. If the dismissal is filed by the employer, the employer can apply for compensation.
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Whether a contract is valid or not is not defined by us. Any written agreement is valid as long as it does not contravene the terms of the law. It is not the same thing as not having signed any agreement, including a contract or an agreement.
If one party violates the contract and terminates the agreement, the other party has the right to pursue liability. As long as the resignation fulfills the obligation to inform, the employer is unable to determine the fault and may not pay economic compensation.
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If there is no labor contract, the employer must also pay corresponding economic compensation. Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of 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.
In addition, if the employer has not signed a labor contract with you, you will have to pay double the employee's salary during the period from the month following the month to the full year of the expiration of one month. You can also claim compensation for this part after you leave your job.
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You can get compensation, file a complaint with the local labor inspection brigade or apply for labor arbitration.
Lawyer Liang Bin.
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Documentary evidence is required. And it depends on the attitude of the boss, it is best to mediate.
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Whether there is compensation for dismissal by the unit is divided into 3 situations:
1. Illegal termination. If the employer dismisses you without any legal reason, it should pay you compensation, that is, 2 months' salary for every year of service;
2. Legal termination. If you meet the requirements of Article 46 of the Labor Contract Law, you shall be paid severance payment, that is, one month's salary for each year of work, n; In accordance with Article 40 of the Labor Contract Law, and without one month's notice, one month's salary shall be paid in lieu of notice, commonly known as n+1;
3. No compensation for legal termination. If you have any of the circumstances stipulated in Article 39 of the Labor Contract Law, such as serious violation of the company's system, causing major economic losses to the company, being sentenced, etc., and the employer proposes to terminate the employment relationship, it does not need to pay you compensation or compensation.
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If the contract is not expired, you should be compensated and compensated accordingly.
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