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If the employer does not sign a labor contract with the employee for more than one month, the employee may request the employer to pay double the salary.
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.
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Oh, yes! Now there are companies that don't sign contracts, and it's obviously illegal not to sign It's obviously a black store, and I'm afraid I won't be able to get out if I fall in! Be careful! Jobs can be found again
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It's very clear that you can't have either option.
1 If you do feel that there is something wrong with the company, or if you don't think you can do it without signing a contract, then don't join the company.
2. Enter the company, form a de facto labor relationship, and then ask for your rights, not without a basic salary.
The law has a minimum wage, you have to sign a contract, you have to call social insurance, as long as there is a de facto labor relationship, if he does not have your rights, you go to the labor inspection department, and you will be decided.
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No, it's illegal.
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The compensation for the failure of the company to sign a labor contract with the employee is as follows: first, the employee will be paid twice the salary every month from the second month from the date of employment; Second, if the company should sign an indefinite-term labor contract with the employee but does not sign it, it will pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.
Article 82 of the Labor Contract Law 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.
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Work that is not contracted is generally not done. If the employer fails to sign it within 30 days from the date of employment, it can be investigated for its responsibility according to law, but it is best to find a unit that is willing to sign the contract according to the regulations.
Article 82 of the Labor Contract Law 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.
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The company shall sign a written labor contract with the employee, and failure to sign a written labor contract is a violation of the labor law. Employees can demand double wages if the company does not sign a written employment contract.
It is of course beneficial to the company to whom the employee does not sign the labor contract. If an enterprise does not sign a labor contract, it will not formally establish a labor contract relationship with its employees, and legally speaking, it will do no harm to employees. If the company does not sign a labor contract with the employee, the company needs to pay double the salary, and the company still needs to pay various social security for the employee, which cannot be escaped.
If you do not sign a labor contract with the employee, the company still has to help the employee pay social security. Many employees have proposed to their own companies that they "don't want to sign labor contracts", and the company has its own small calculations, thinking that since it is your own voluntariness, you will not sign if you don't sign, and it will save trouble, and you will be dismissed when I want to, and you can not pay five insurances and one housing fund for you. I really don't sign a labor contract with them.
But are employees really so lawless? Can companies really avoid risk? Then you are really thinking too much, and the company must take risks in doing so.
Article 82 of the Labor Contract Law 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. If an employer violates the provisions of this Law by failing to conclude a labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the labor contract should have been concluded.
To put it simply, if the company does not sign an employment contract with the employee, the company needs to pay double wages, and if it does not, the employee can apply for labor arbitration. And even if there is no labor contract, the company still has to pay various social security for employees, and this obligation cannot be escaped! In this way, it seems that it is not beneficial for the company not to sign an employment contract at all.
Not only do you have to take risks, but you also have obligations.
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The company cannot fail to sign an employment contract with the employee. The company shall sign the contract within one month from the date of employment, and as long as the labor relationship is established, it shall conclude a written labor contract. If the company does not sign an employment contract with the employee, the employee may request the company to pay double wages for all the time periods exceeding one month but less than one year, but not more than 11 months of double wages.
1. What compensation will I get if I resign from my senior position without signing a labor contract?
The employer may be required to pay severance and double wages for those who have not signed a labor contract: severance compensation shall be paid to the employee one month's salary for each full year of the employee's service in the employer (one month for six months and less than one year, and half a month for less than six months). The double salary without a labor contract shall be calculated at twice the monthly wage standard from the second month of employment of the employee (the calculation time shall not exceed 12 months), and the payment shall be subtracted from the salary paid by the company during this period.
In addition, the company can also claim through legal procedures that the company should pay the social insurance premiums for the duration of the employment relationship. The company shall sign a written labor contract with the employee within one month from the employee's employment, and if no written labor contract is signed, the employee shall be paid double wages from the second month. During the test period, the employee can submit the resignation in writing 3 days in advance, and if the probation period has passed, the employee should write 30 days in advance.
Employees can ask the company to settle all your wages within three working days, leave early or voluntarily, and the company has no right to deduct money.
Second, the contract is generally signed within a few days of entry.
The company shall sign a written labor contract with the employee within one month from the employee's employment, and agree on a probationary period when signing the contract. If there is no written employment contract, the employee shall be paid double wages from the second month. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
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If the employer does not renew the labor contract with the employee, the employer shall pay the employee severance according to the wage standard of one month for each year of employment. If the employee meets the conditions of signing an indefinite-term labor contract, and the employer refuses to renew the contract, it is illegal to terminate the contract, and the employee shall be paid compensation at the rate of 2 months' salary for every 1 year of service. >>>More
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