What should I do if the company does not sign a labor contract with you?

What should we do if our factory has not signed a labor contract for three years and has not paid social security?

We worked in Riming, and the contract was until December 26, and we were not forced to leave.

The company has not signed a labor contract with me for almost two years, how to solve it?

There is no labor contract, and the verbal contract cannot be used to find the boss, who cares about the money.

I worked in Shenzhen Longgang Tongle Factory for a month, but the company did not sign a labor contract, and I quit my job

Find strong evidence that can prove the labor relationship, work clothes, work cards, time cards, and pay stubs are useless because you can't prove that those are not fake, and the testimony of colleagues is only for reference, not strong evidence.

If an enterprise fails to sign a written labor contract with itself in accordance with the law, and its practice violates Article 10 of the Labor Contract Law, it may apply for labor arbitration and require the employer to pay double wages.

If the employer has not concluded a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall seek assistance from the labor and social security department and request the employer to pay the employee twice the monthly salary and conclude a written labor contract with the employee.

If the employer has not signed a labor contract, it may file a complaint with the local labor and social security administrative department and request that the employer's illegal acts be corrected.

It's useless to sign it, you will do it when you should be dismissed, regardless of state-owned enterprises, foreign companies, and private enterprises.

You can go to the local arbitration commission to apply for labor arbitration, and those with agricultural household registration can apply for legal aid, free of charge.

You can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, severance payments, double wages (up to 11 months) for unsigned labor contracts, overtime wages, etc.

You can continue to work and sue the employer for labor arbitration within one year after leaving the company, and you can get the economic compensation you deserve.

For acts of failure to sign a labor contract and fail to pay social insurance, they may apply to the local labor arbitration department for arbitration in accordance with the provisions of the Labor Contract Law.

Make a request to ask the unit to sign a labor contract. If the employer does not sign the contract, it can file a labor arbitration to demand that the employer pay double wages.

If a de facto labor relationship has been formed with the employer, the employee shall apply for arbitration at the local labor arbitration department by providing evidence that is the employee of the employer, such as work permits, witness testimony when participating in the work, salary schedules, uniform clothing of the employer, badges, etc.

You can go to the Labor and Social Security Bureau to file a complaint, explain your situation, and provide evidence of the existence of a de facto labor relationship even though you have not signed a contract!

Provide proof of labor relations (wage payment vouchers or records, time cards, worker certificates, work permits, service certificates, etc.) to the labor dispute arbitration department of the local labor bureau for arbitration.

Legal analysis: If there is no labor contract, the owner must provide evidence that can prove the existence of an employment relationship with the unit, such as salary card, attendance card, etc. If the employer has not signed a labor contract with the employee and has not paid social insurance for the employee, the employee may resign at any time.

If the employer does not sign an employment contract with the employee for more than one month but less than one year from the date of employment, the employee may claim double wages from the employer. If the employer dismisses the employee without cause, the employee may claim severance from the employer.

Legal basis: Article 14 of the Labor Contract Law refers to an indefinite term labor contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where a fixed-term labor contract has been concluded twice in a row, and the employee has not renewed the labor contract without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

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.

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 fails to conclude an indefinite-term labor contract with an employee in violation of regulations, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Legal analysis: If an employee who has not signed a labor contract applies for labor arbitration, the following evidence can be prepared to prove the existence of an employment relationship:1

Stamped pay slips, bank transfer records of salary cards; 2.Written proof of wage arrears; 3.attendance records; 4.

Witness testimony from colleagues; 5.Records of complaints lodged by the labour inspectorate; 6.records of social insurance contributions; 7.

Badges, access cards, work permits, tooling, work cards, etc.

Legal basis: Article 2 of the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations provides that if an employer has not signed a labor contract with an employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties: (1) wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the employee issued by the employer; (3) Recruitment records such as the "registration form" and "registration form" filled in by the employee; (4) Attendance records; (5) Testimony of other workers, etc.

Legal Analysis: Legal Consequences of Failing to Sign a Labor Contract: If the employer deliberately fails to sign a labor contract with the employee, the employer shall pay the employee twice the monthly salary for more than one month from the date of employment; For more than one year, the employee shall be paid twice the monthly salary from the date on which the indefinite labor contract shall be concluded; If the employee deliberately fails to sign the labor contract, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation.

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. 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 before the indefinite-term labor contract should be concluded.

Summary. Dear, hello, I am Brother Qiang, and I am happy to answer for you. The company has not signed any labor agreement or contract with me, so I can ask the labor administrative department and other relevant authorities to order me to make corrections.

If you feel that you are happy to cooperate with the employer and are optimistic about the prospects of cooperation between yourself and the employer, it is best to negotiate with the employer and complete the relevant procedures. It meets the requirements of our country to "build a harmonious society".

Dear, hello, I mean Brother Qiang, who sued the state for the law, I'm glad to answer for you. The company has not signed any labor agreement or contract with me, so I can ask the labor administrative department and other relevant authorities to order me to make corrections. If you feel that you are happy to cooperate with the employer and are optimistic about the prospects of cooperation between yourself and the employer, it is best to negotiate with the employer and improve the relevant procedures for friendship.

It meets the requirements of our country to "build a harmonious society".

According to Article 35 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, if an employer violates the Labor Service Law and the provisions of these Regulations on labor dispatch, the labor administrative department and other relevant competent departments shall order it to make corrections; if the circumstances are serious, a fine of between 1,000 and 5,000 yuan shall be imposed on each dispatched worker; If damage is caused to the dispatched worker, the labor dispatch unit and the employing unit shall be jointly and severally liable for compensation.

The solution for the company not to sign an employment contract is as follows:

1. If the company has not signed a labor contract, it may request the employer to sign a labor contract;

2. 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;

3. The employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear

1) The labor remuneration of newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract;

2) If there is no collective contract or the collective contract does not stipulate, equal pay for equal work shall be implemented;

4. If the employer has illegal or coercive behavior, the employee can leave the job at any time and require the employer to pay economic compensation and double wages;

5. If there is a labor dispute, labor arbitration can be filed with the labor department, and evidence related to the employer can be collected to prove the labor relationship;

6. Failure to sign a labor contract still does not exempt the employee from the obligation to pay various social security premiums. The law stipulates that as long as the employment relationship exists, the enterprise shall fulfill the obligations stipulated in the labor law. If they do not perform, the worker may file a complaint with the department.

Legal basisArticle 10 of the Labor Contract Law of the People's Republic of China.

To establish a labor relationship, a written labor contract shall be concluded.

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.