Can labor arbitration be conducted under the Labor Contract Law if a contract is not signed?

Compensation can be obtained.

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 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.

If you have a de facto employment relationship with the company, the labor laws and regulations will protect and safeguard your legitimate labor rights and interests. If you can't negotiate with the employer, you can apply for labor arbitration with the local labor arbitration commission with relevant evidence.

The employment contract is only a formality. Labor relations are the content!

As long as the labor relationship is there, it can be arbitrated!

Of course. Report to the labor inspection first, fix the relevant evidence, and then file a complaint with the labor arbitration. Also be careful to gather evidence on your own that you have been working since mid-January.

Absolutely. But you'll need to provide evidence of your onboarding time. It can be proof of payment of wages for the first month, a signature on the recruitment registration form, or a certificate from a colleague.

Yes, but it's your own time and experience that is delayed.

If you have not signed a labor contract for more than one month, you can apply for labor arbitration. According to Article 2 of the Labor Dispute Mediation and Arbitration Law, 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; The Labor Contract Law stipulates that:

If an employer violates the provisions of this Law by failing to conclude an indefinite labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite labor contract should be concluded.

Disputes without a labor contract are labor disputes and can be applied for labor arbitration. The following disputes are labor disputes: disputes arising from the confirmation of employment relations; Disputes arising from labor remuneration, medical expenses for work-related injuries, compensation or compensation for financial retirement, etc.; disputes arising from removal, dismissal, resignation or resignation; Disputes arising from the conclusion, performance, modification, rescission and termination of employment contracts; Other.

[Legal basis].Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

This Law shall apply to the following labor disputes between employers and workers 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 compensation, work-related injury medical expenses, economic compensation, or compensation;

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