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There is no employment contract. Double pay can be applied. Proof of attendance is required.
Written better. There is also proof of how much salary, and other evidence can get the best. Double wages for applying for labor arbitration without signing an employment contract.
You don't write a letter of resignation. I often help others go to labor arbitration in Guangzhou. I win every fight.
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Legal Analysis: No. Disturbing the spring is to pay the stool seepage salary.
Basic salary + bonuses, benefits, etc. If the employer does not sign a labor contract with the employee for more than one month, it shall pay the employee twice the monthly salary from the second month to one year. According to the laws 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.
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 on which the indefinite-term labor contract should have been concluded.
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Legal Analysis: If the employer does not sign a labor contract with the employee for more than one month from the date of employment, it is required to pay the employee double the monthly wage.
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 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 conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 36 The employer and the worker may terminate the labor contract if they reach an agreement before the negotiation is made.
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After the establishment of the labor relationship, within one year, the company does not sign the labor contract, and the employee can demand to pay double the salary and require the employer to pay the corresponding economic compensation. If the labor contract has not been signed for more than one year, it can be deemed that the employer has signed an indefinite labor contract with the employee.
1. Is the compensation the same if the compensation is not signed in the labor contract?
The compensation for not signing the labor contract is not the same as the compensation for not signing the labor contract on time, and the compensation for not signing the labor contract on time is composed of employment costs, training expenses, direct economic losses and other compensation expenses agreed upon, and the compensation for not signing the labor contract is paid by the employee.
The monthly wage is calculated according to the wages due to the worker. In addition, if you don't sign a labor contract on time, you have to.
Pay double wages. 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, and 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 labor in accordance with the provisions of Article 82 of the Labor Contract Law.
Those who are close to the company are paid twice the monthly salary and have a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with the regulations.
2. How can the company protect its rights if it does not sign a labor contract?
If the company does not sign a labor contract, it can report and complain to the labor inspection brigade. Labor disputes can only be arbitrated first, and lawsuits can be filed if they are not satisfied with the arbitration results. Direct prosecution is not accepted by the court.
The outcome of the arbitration has no impact on the litigation. If there is no labor contract, it is necessary to provide evidence that can prove the existence of an employment relationship with the employer, such as salary card, attendance card, etc. Those who do not have a labor contract and have worked in the company for no more than one year can claim double salary compensation from the second month of employment.
Contracts longer than one year are considered to be indefinite.
An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. 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 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 not entering into an indefinite-term labor contract with an employee, it shall pay twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.
Compensation and economic compensation are two different concepts, after joining the company, the company delays signing the labor contract, the employee can go to the labor inspection brigade to report, or go to the labor arbitration institution to apply for labor arbitration, require the employer to pay double wages, pay economic compensation, and sign the labor contract in time, and can also go directly to the people's court to file a lawsuit.
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Not signing an employment contract does not necessarily require double wages. According to the 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.
Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law. Article 82 of the Labor Contract Law of the People's Republic of China provides 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 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. >>>More
OK. The Labor Contract Law stipulates that from 1 February 2008, those who do not sign a contract will be paid double wages. You can apply for arbitration at the labor arbitration at the place where the enterprise operates.
Initiating arbitration. 1.Overtime pay can be requested. Holidays should be 3 times. >>>More
As far as you said, it is as follows: 1. You have no evidence to prove that your monthly salary standard is 5,000 yuan, in other words, you have no evidence to prove that the company owes you another 2,000 yuan in wages every month. 2. If you have not signed a labor contract, the company has violated the law first, and you should bear legal responsibility in accordance with Article 82 of the Labor Contract Law, and should pay you twice the monthly salary and make up a written labor contract with you. >>>More
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. 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. >>>More