Why didn t the Dawn Factory sign a labor contract in 93?

93 years is the most popular year since the reform and opening up, both inside and outside the factory have gone to the sea, there is no job to do and no home is busy making a lot of money, but what kind of outcome does this policy bring to the country and society, that is, there is no class and money must be earned, as the factory can only release people, the factory can not retain talents, there are some laid-off policies that have been formulated since 93, so no matter who you can apply for "leave without pay", not only to retain the factory registration but also to pay money to the factory, this policy is very good and very popular, As the Dawn Factory, every unit implements the policy in this way. However, the 38th workshop of the Dawn Factory did not do this, contrary to the laws of the market, and many workers were fired behind the scenes, insisting that going to the sea was "voluntary resignation" (in essence, it was based on low debt) to find various reasons to push the three blocks and four not to sign contracts for employees Contrary to the spirit of layoff, why did the 38 workshop do not understand the law at all, no one in sight, whether it is divorce or widowhood, they will not take care of it, and there are ten kinds of people who are not laid off by its 98 laid-off policy, which completely distorts the policy of the Dawn Factory. As a result, the rich people enter the factory, and the rich people have to be laid off if they meet the policy, and there are many files that have been in the factory and have not signed the bill, and the expulsion of the factory is a crazy leader, resulting in the pension insurance can not be paid for a while, and the problem of layoffs cannot be solved for ten years, which brings great losses to the workers.

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.

It is recommended to negotiate with the enterprise to request the conclusion of a labor contract and clarify the rights and obligations of both parties. If the negotiation fails, the local labor department can apply for arbitration to intervene to resolve the issue. In your case, the dispute arising out of the conclusion of the employment contract in paragraph (2) below applies.

According to Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, this Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

You can go to the labor arbitration department, submit for arbitration, and you can get double wages.

First, you can report a complaint to the local labor bureau and ask for investigation and punishment. Second, they can apply for labor dispute arbitration and claim compensation for double wages from the second month after the date of their wages.

Apply for labor arbitration to claim double wages.

The labor law stipulates that the company shall sign an employment contract with the employee one month after the employee's employment, and if it does not sign an employment contract with the employee after one month, it shall pay the employee double wages every month from the second month as compensation.

1. Legal analysis of unsigned labor contracts;

1. 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. Within one month from the date of employment, if the employee does not enter into a written labor contract with the employer after being notified in writing by the employer, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay economic compensation to the employee, but shall pay the labor remuneration to the employee for his actual working time in accordance with the law.

II. Legal basis: Article 82 of the Labor Contract Law [Legal Liability for Failure to Conclude a Written Labor Contract] 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.

Go to the labor office, every company will be scared because they have violated the Labor Code

Then don't do it, there is no contract, not even a salary, let alone personal safety.

How to calculate the work-related injury without a labor contract: and how to calculate the salary and living during the work-related injury.

Yes, and you should sign it.

No. The employment contract must be signed between the employer and the employee. An employment agreement shall be concluded between the employer and the employee.

The labor dispatch company must also sign an employment contract with you.

Article 11 Where an employer fails to conclude a written labor contract at the same time as employing the workers, and the labor remuneration agreed upon with the workers is not clear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

Article 12 Labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts and labor contracts with a term of completion of certain tasks.

Article 13 A fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the time for termination.

The employer and the employee may enter into a fixed-term labor contract if they reach an agreement through consultation.

Article 14 An indefinite-term labor contract refers to a 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 worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed 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 15 A labor contract with a term of completion of a certain task refers to a labor contract in which the employer and the employee agree that the completion of a certain work is the term of the contract.

The employer and the employee may conclude a labor contract with a term of completion of a certain work task if they reach an agreement through consultation.

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

It's best to say in advance, some work to be handed over or handed over clearly, so that the corresponding salary can be paid as usual, if the unit you work for more than 2 or 3 months has not signed a labor contract with you, you can go to the local labor inspection department to complain, you can win the due remuneration. I wish you all the best.

No, you can terminate the labor relationship at any time by notifying the employer.

The probationary period is 3 days in advance, and the official one month in advance.

No! You can resign at any time!

And you can go to the labor protection agency to file a lawsuit.

1. According to Article 38 of the Labor Contract Law, you can terminate the labor contract at any time on the statutory grounds that the company has not signed a labor contract with you.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

2. At the same time, you can also ask the company to pay double the salary if you have not signed a labor contract, and if the company has not signed a labor contract with you for one year since the date of signing the labor contract with you, you can request to sign an indefinite labor contract with the company.