I didn t sign a contract for more than five months, did I have to pay compensation for the company s

There should be, go to the law companion and ask about understanding the law, and it will be clearer.

According to the relevant provisions of the Labor Contract Law, the employer shall sign a labor contract with the employee within one month from the date of employment, and if the labor contract is not signed for more than one month, the employee can claim double wages.

Refer to the law. Labor Contract Law

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.

Even if you sign a contract, you should not be compensated if you are fired after only 6 months in the company. Generally, compensation is only paid after being dismissed after working for more than one year. It's just that the boss has to settle the salary before leaving.

According to the provisions of the labor law, the company must give corresponding compensation for the dismissal of employees, at least one month's salary will be compensated for each year of work, and if it is less than one year, it will be calculated as one year, and you can calculate it as one year for 6 months.

If the company does not sign a labor contract with the employee, the employee can go to the labor bureau to apply for labor arbitration and can get double the salary compensation.

If you do not sign a contract for more than one month, you can be regarded as having signed a one-year fixed-term contract, and you should pay half a month's salary as compensation after working for 6 months. In addition, if you do not sign a contract, you can ask for double pay from the second month of employment.

There is no compensation for this, you can complain to the labor bureau on the grounds that you have not signed an employment contract, and you can get more than twice the compensation.

Twice your average pre-tax salary for the company for those six months.

If you can prove that you have ever asked to sign an employment contract, but the employer refuses or delays in avoiding it, you can report it to the local labor department and claim double wages for 5 months.

No, it is generally considered a probationary period and there is no compensation.

Legal analysis: If there is no labor contract, the specific methods for asking for salary after resignation are as follows:

1. You can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, economic compensation, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

2. In labor disputes, it is key to have evidence to prove the labor relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimonies (resigned and in-service can be used), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc.; Of course, it is possible to apply for labor arbitration without evidence, but there is a risk of losing the lawsuit;

3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's industrial and commercial registration information or business license (registration information is not required in Beijing) after filing the case, and then mediate, and the arbitration committee will issue an award if the mediation fails;

4. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees. During the application for labor arbitration, there will be no delay in your work at the new employer.

Legal basis: Article 12 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration Article 12 The parties may apply for labor dispute mediation in writing or orally. Where an oral application is made, the mediation organization shall record the applicant's basic information, the disputed matters for which the mediation is being applied, the reasons and the time on the spot.

First of all, if there is no labor contract signed, Article 82 of the Labor Contract Law 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 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 company needs to pay the employee twice the salary of the employee who has not signed an employment contract.

The issue of dismissal needs to be judged on a case-by-case basis. If an employee seriously violates the company's rules and regulations and violates laws and regulations in the event of a situation that is in imitation of Article 39 of the Labor Contract Law, the company does not need to pay compensation for the dismissal of the employee. If the circumstances specified in Article 46 of the Labor Contract Law occur, the company shall pay the employee n severance payment.

If the company dismisses the employee without cause, then it may involve the illegal termination of the labor contract, and the company needs to pay the employee 2n compensation. You work for five months, and according to the law, n is half a month's salary.

Legal Analysis:1The company has not paid social security and can request to pay social security.

2.It is also illegal for the company to have not signed a contract, and the company can be required to pay double the salary for not signing a written labor contract.

3.If the company terminates the labor contract in violation of the law and has to bear the compensation, the standard of compensation is twice the economic compensation.

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

Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of employees for future reference.

Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in any other name.

Legal Analysis:1If a written labor contract has not been concluded with the employee for more than one month but less than one year from the date of employment, the employee may request payment of twice the monthly salary from the second month.

2.If the employee is not at fault, the employer is deemed to have terminated the labor contract in violation of regulations, and is required to pay compensation in accordance with Article 87 (two months' wages for each year of service), and at the same time can claim double wages for 11 months.

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

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 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.

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.