If we didn t sign a labor contract, the company still wants us to leave half a month in advance?

Yehnara Wendo answered;

1. If there is no labor contract, the contract must also be terminated in accordance with the provisions of the labor law, otherwise, you may be in a disadvantageous situation;

2. Article 10 of the Labor Contract Law stipulates that 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.

3. Article 37 of the Labor Contract Law The employee may terminate the 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.

4. Article 82 of the Labor Contract Law 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.

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.

5. Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

In summary,If the employee fails to terminate the contract in accordance with the labor regulations, it may not be able to protect your legitimate rights and interests.

If you don't have a contract, you're the boss, and if you don't obey and don't pay your salary. You should be able to apply for labor arbitration. Personally, I don't think it's necessary, don't get along with money. It's man-made. If you don't have a hard heart, you can talk to the leader.

You can go, only if you don't have a salary, but half a month in advance, it's because they want to start hiring people when you say you want to leave, so that someone will take over your job, hehe, it's purely a moral issue.

If the company dares to hire the employee without signing the contract, then you can go to the labor bureau to sue him.

There's no way around that, it's just a smart point in the future, but there are no labor contracts in many places

If you don't sign a labor contract, the responsibility lies with your company, not yours.

The company wants you to leave half a month in advance? There is a grammatical error in your statement, but I can guess what you mean. You should mean that if you want to resign, you have to inform the company half a month in advance, right?

If you don't sign an employment contract, you can ask the company to pay you double your salary, starting from your first month on the job, and ask for double your salary every month.

If you go through the resignation procedures in accordance with the procedures and deadlines stipulated by the company, the company will pay you severance after the termination of the labor relationship. Severance for one month's salary for one year of service, and so on.

After two months of work and no labor contract, it is illegal employment, and you can resign at any time, and there is no need to resign one month in advance, because there is no labor contract, and you are not considered a regular employee of the enterprise. If the company does not allow you to resign at any time, you can go to the local labor inspection brigade to report the company and ask for double salary compensation. According to the labor law, it is illegal for an employer not to sign an employment contract with an employee, and the employee has the right to claim double wages.

You can leave your job at any time without signing an employment contract, and you can claim double wages. In addition, if there is no labor contract, social security must not be paid, and this can also be required to make up the payment. If the company does not agree, it can apply for labor arbitration, and pay attention to keeping relevant evidence, such as attendance records, work emails, bank salary records, etc.

If you have not signed a labor contract, you can apply for labor arbitration, and you need to submit relevant documents, which is very important, and there are relevant provisions in the law. The following materials need to be submitted by the employee to apply for labor arbitration:

1) Labor Dispute Arbitration Complaint Registration Form;

2) Statement of Appeal (detailed statement of the reasons and requirements of the complaint, provided in duplicate or according to the number of respondents);

3) Identification certificate and copy of the complainant;

4) If there is a person who is entrusted, it is necessary to sign and submit the "Power of Attorney" in person, and indicate the matters of entrustment, and submit a copy of the ID card of the entrusted person. If the client's ** person is a practicing lawyer sent by a law firm, a copy of the practicing lawyer's certificate should be provided: if the client's ** person is a citizen, the no-charge ** agreement signed with the client, as well as the legal information on the relationship between the client and the client;

5) The respondent's industrial and commercial registration information;

6) Proof of the existence of an employment relationship between the complainant and the respondent;

7) The List of Evidence to be Submitted shall be made in duplicate.

Generally, it is not a month, but three days in advance, and the work must be handed over.

If you don't sign a labor contract, you don't need to sign a month in advance, you can leave anytime and anywhere, and the employer is responsible for not signing a labor contract with you within a month.

If you don't sign a labor contract, you don't need to report one month in advance, you only need to report three days in advance.

If you do not sign an employment contract, your company is in violation of the labor law, of course, you can also be regarded as a probationary period with three days' notice.

Failure to sign a labor contract is a violation, and resignation without applying in advance is also a violation

Legal analysis: 1. The employee and the company resign by consensus. In addition, after the two parties reach an agreement, the employee can leave at any time without the 30-day time limit.

2. If the employee and the company do not negotiate or do not agree with the negotiation, the employee can notify the company in writing 30 days in advance, and regardless of whether the company agrees to resign, as long as the notice is in this way, he can resign.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The loss of the labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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 enter into a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

I didn't sign a labor contract, and the boss said that I need to resign 4-6 months in advance, is it legal?

Q: I have been working in this early education for two years, because of the change of boss, the new boss re-registered the early education center, there is no macro to sign a contract (there is a contract with the previous boss), there is no payment of five insurances and one housing fund, there is an idea to resign, but the boss said that you need to submit a resignation application 4-6 months in advance, is it legal for the boss to do this?

The lawyer provides the following legal advice for your reference:

How do I resign without signing an employment contract?

In the absence of a labor contract, there is generally no social security payment in accordance with the law. According to the provisions of the Labor Contract Law, if the employee fails to pay social insurance in accordance with the law, the employee has the right to terminate the labor relationship. The termination of the labor relationship here is a direct termination, and there is no need to terminate it one month in advance.

The boss's request for 4-6 months in advance is even more unreasonable.

Therefore, in the absence of social insurance, the employee can directly leave the job and ask the boss to pay the labor remuneration in full and in a timely manner.

If a labor contract has not been signed, in addition to the basis of the demand for payment of labor remuneration, it may also claim compensation in accordance with the provisions of the Labor Contract Law.

If the employment contract is not signed, the boss is required to pay double wages to the employee from the second month to the twelfth month.

If social security is not paid, the boss shall pay the worker one month's salary as economic compensation for each year of service.

Therefore, when an employee leaves the company, he or she should consider not only the salary, but also whether the statutory compensation should be paid.

If I have worked in the company for two months and have not signed a labor contract, do I have to resign one month in advance? No, because you don't have a labor contract with the employer, there is no labor relationship, and you don't have to say hello in advance when you resign, because you are only a temporary worker, you can say hello to the employer out of politeness.

According to the regulations, the employee can resign at any time without the restriction of one month in advance, and the employee can also file labor arbitration for the company's failure to sign the labor contract and claim double the salary compensation.

If the contract is not signed, there is no legal binding on both parties, so there are certain hidden dangers for both parties, and either party can terminate the labor relationship at any time. However, out of personal quality and professional ethics, it is best to say hello in advance before resigning, not necessarily a month, but at least 1-2 weeks, so that the employer can find someone to connect to the job in time.

If the company has worked for two months without signing the labor contract, it violates the provisions of Article 10 of the Labor Contract Law, and the company shall bear the legal responsibility of paying twice the salary stipulated in Article 82, and the time shall be calculated from the day after the completion of one month of work.

The de facto employment relationship may be terminated at any time without the obligation of 30 days' written notice as stipulated in Article 37 of the Labor Contract Law.

The right to receive wages for the period of service and twice the salary of one month's salary without a labor contract.

Although there is no written labor contract, but it has constituted a de facto labor relationship, it is still necessary to resign one month in advance in accordance with the law, so as to allow the company time to recruit people.

No, it is possible to claim 2 times the compensation.