The company has not signed a labor contract, and the company has not signed a labor contract

This agreement cannot be signed. Otherwise, your rights cannot be safeguarded, and if the employer cannot terminate the labor relationship for legal reasons, it will be an illegal termination, and you can claim economic compensation according to the law. The standard of compensation is twice that of severance payment.

In addition, if the unit fails to perform the obligation of 30 days' notice, it shall pay one month's salary on behalf of the notice.

You may apply for an additional request at the time of the arbitral tribunal**.

Corporate actions are illegal.

According to Article 47 of the Labor Contract Law, economic compensation shall be paid to the employee according to the number of years of service in the employer 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

The General Office of the Ministry of Labor "Reply to the Reply of the Original Unit on Whether the Employee Can Be Re-Handled After Being Disposed of" Lao Ban Fa No. 1994 No. 370 stipulates that if the labor dispute arbitration commission files and accepts the labor dispute arising from the dismissal, removal or dismissal of the employee by the enterprise, in the course of the trial, if the enterprise changes the decision to dismiss, remove or dismiss the employee or re-disposes the employee, and the employee agrees to settle on its own, the complainant shall apply for withdrawal of the lawsuit, and the arbitration commission may handle the case as withdrawn; If the employee does not agree, the enterprise shall submit a new disposition opinion different from the original decision to the arbitration commission during mediation or adjudication, and the arbitration commission shall handle it in accordance with the Regulations of the People's Republic of China on the Settlement of Labor Disputes and the Rules for Handling Cases of the Labor Dispute Arbitration Commission.

Because labor disputes must go through the arbitration process, if there is any objection to the arbitration result, the arbitration result can be brought to the court.

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.

Legal Analysis: Section 1.

1. If the company does not pay social security, it can request to pay social security.

Clause. 2. If the company has not signed the contract, it is also illegal, and the company can be required to pay double the salary without signing a written labor contract. Double wages can be claimed for up to 2 years, and if wages have been paid, the employer will be required to pay the difference.

Clause. 3. If the company terminates the labor contract in violation of the law and has to bear the compensation, the standard of compensation shall be twice the economic compensation. If the employee resigns, he or she may request the employer to pay severance compensation.

Clause. 4. If you have worked in the company for one year, the company will also pay unemployment insurance money.

Clause. 5. If the company has overtime work, it must also pay overtime wages and additional compensation according to the statutory standards.

Clause. 6. If the company deducts wages, it shall also pay wages in full and pay additional compensation.

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 an employer and an employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

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 when establishing 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.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

If the company has not signed an employment contract, the employee can request the employer to pay double wages from the second month.

First of all, evidence should be provided to prove the existence of an employment contract between the employee and the employer.

The evidentiary materials required for this include the following:

1) Evidence of work content, such as electronic texts, materials, and other materials related to the company;

3) The system basis given by the company to the workers, it is best to seal or print a complete set of materials, such as employee handbook, financial system, employee roster, etc.;

4) Materials exchanged between regular employees or leaders of the company and employees, such as work arrangements, written notices, e-mail notices, etc.;

5) You can try to have a conversation with the company's supervisor and then record it, and the leader's name must be reflected in the recording materials, otherwise, it will be difficult for the court to confirm the authenticity of the recording materials;

6) You can prove that you work in the company through personal witnesses and testimonies of other employees who have left the company.

7) Other materials that can be related to the company can be used as evidence. Cover the woods.

Legal basis: Article 82 of the Labor Contract Law If an employer does not enter into a written labor contract with an employee for more than one month from the date of employment or fails to conclude a written labor contract with the employee for one year, 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.