On the issue of double wages under the Labor Contract Law

OK. If the employer does not agree, it shall directly apply to the labor arbitration commission for arbitration.

After signing the contract, you can ask for a supplementary pension, etc.

First of all, you can offer to pay twice the salary, but the company will definitely refuse, and it is recommended that you talk to the leader again. If you don't plan to do it here, you can file for labor arbitration. Hardware insurance can only start to pay if you sign a contract, so it should not be paid to you.

Unless the employment contract is signed at the time of your actual working hours.

If you do not sign an employment contract, you can ask for double wages by law.

If you fail to pay the insurance, you can also terminate the labor contract on this ground, claim one month's economic compensation, and ask the employer to pay the insurance at the same time.

Requests to the employer and termination of the labor contract should generally be made in writing.

If you have not signed a labor contract after working for an employer, you will be paid double your salary from the day after one month to the end of one year or the day you sign the contract.

If there is a dispute with the employer and the two parties cannot resolve it through negotiation, they may apply to the labor arbitration commission at the place where the employer is located for arbitration within one year from the occurrence of the dispute. Of course, the basis is certain, and it is necessary to prove when you have worked in this unit until now. Such as attendance records, pay stubs, work cards, etc.

The unit shall pay social security for the employees on a monthly basis, and those who have not paid should make up the payment.

Legal analysis: 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, and pay the employee a maximum of 11 months' wages. 2. After the expiration of the labor contract, if the employee is still working for the employer, and the employer does not renew the written labor contract with the employee, it shall pay the employee twice the monthly wage, not exceeding 12 months' salary.

Legal basis: Labor Contract Law of the People's Republic of China

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.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Article 88: In any of the following circumstances, an employer is to give an administrative punishment in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law; If any damage is caused to the worker, he shall be liable for compensation.

1) Forced labor by means of violence, threats, or unlawful restriction of personal freedom;

2) Directing or forcing risky operations in violation of rules and regulations, endangering the personal safety of workers;

3) Insulting, corporal punishment, beating, unlawful searching, or detaining laborers;

4) Poor working conditions and serious environmental pollution, causing serious damage to the physical and mental health of workers.

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.

1. What is the latest compensation standard for unsigned labor contracts?

According to the regulations, 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.

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.

2. What are the legal consequences of not signing a labor contract?

The consequences of not signing an employment contract are as follows:

1.If the employer fails to sign 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.If the employer violates the provisions of this Law by not concluding an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date of conclusion of the indefinite-term labor contract.

Article 82 of the Labor Contract Law of the People's Republic of China 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 twice the employee's wages.

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.

3. What happens if the employer does not sign the labor contract?

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.

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 in order 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.

Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.

In the case of double wages under the Labor Contract Law, the employer has not signed an employment contract with the employee. The employer should sign the labor contract when the employee starts working, and cannot terminate the labor contract with the employee at will within the time limit agreed in the labor contract, and economic compensation is also required for illegal termination.

1. What are the circumstances under which double wages are paid under the Labor Contract Law?

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 the employer does not conclude an indefinite-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

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 salary and make up 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 severance compensation.

The starting date for the employer to pay twice the monthly salary to the employee is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

2. How long is the statute of limitations for double work without signing a labor contract?

The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

The statute of limitations for double wages without signing an employment contract is 1 year, calculated from the date on which the rights were known or should have been known; A special statute of limitations shall apply to the arrears of labor remuneration based on the year, that is, the calculation point from the date of the employee's resignation shall be calculated from the date of the employee's resignation.

3. What is the calculation base of double wages?

1. The double wage base shall be determined according to the wages due to the worker, including various taxes and fees;

2. The double wage base is determined based on the take-home wage, that is, the actual salary after deducting various taxes and fees on the basis of the payable wage;

3. The double wage base shall be determined based on the wages of the workers for normal working hours, excluding overtime wages.

China's laws stipulate that employers must sign a written labor contract with employees, but some employers do not follow the relevant regulations, and do not sign labor contracts that infringe on the rights and interests of employees.

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, up to a maximum of 11 months' wages;

2) After the expiration of the labor contract, if the worker is still working for the employer, and the employer does not renew the written labor contract with the employee, it shall pay the employee twice the monthly wage, not exceeding 12 months' salary;

3) If an indefinite-term labor contract should be signed but is not signed, the employee shall be paid twice the monthly salary from the date of conclusion of the indefinite-term labor contract, and the maximum salary shall not exceed 11 months' wages

1. The employer and the employee reach an agreement through negotiation and conclude an indefinite labor contract;

2. The worker has worked for the employer for 10 consecutive years;

3. When the employer implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes a labor contract, the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

4. The employee has concluded two fixed-term labor contracts consecutively, and the employee has not renewed the labor contract without the circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of the Labor Contract Law.

Only those who comply with the provisions of the law and are adjusted by the Labor Contract Law can double the salary. This scope of application is clearly stipulated in Article 2 of the Labor Contract Law, which stipulates that this Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with employees and conclude, perform, modify, dissolve or terminate labor contracts. The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

If the employee claims that the employer should pay double wages for the unsigned labor contract, the starting point shall be the day after the last day of the period during which the double wages shall be paid, and the limitation period shall be one year.

1. What is the nature of double pay?

Among the double wages, one time of the wages is the normal income of the employee, and the other time of the wages is actually punitive damages, which is the embodiment of the statutory liability borne by the employer due to the employer's failure to sign a written labor contract with the employee in accordance with the law, and does not belong to the labor remuneration and should not be included in the calculation base of economic compensation and compensation.