Whether the employment contract can be terminated at any time if the employment contract is not sign

1. According to Article 9 of the Labor Contract Law, an employer shall not detain the employee's resident ID card and other documents, or require the employee to provide a guarantee or collect property from the employee in any other name. Article 84 Where an employer violates the provisions of this Law by seizing a worker's resident identity card or other documents, the labor administrative department shall order the worker to return the worker within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.

If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.

Therefore, the hotel does not allow deposits.

2. It is certain that the application form cannot replace the labor contract.

3. Article 10 of the Labor Contract Law shall be eradicated to establish a labor relationship, and a written labor contract shall be concluded.

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.

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 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.

During the working period, the employee shall give 30 days' written notice to the employer to resign, and if you are in a hurry, you can give 30 days' written notice, and if you are unable to work at the employer, you can ask for leave. For example, today is February 20th, you can notify the employer to resign on March 18, but due to the urgency of the matter, you can ask for leave until March 18, it is best not to go through the resignation procedures before this, otherwise it will be very bad for you.

Generally, if you negotiate with the employer, you will not solve the problem, and it is recommended to apply for labor arbitration at the labor arbitration commission, and bring evidence that can prove that you are an employee of the employer.

First of all, you should know that the employer cannot require you to pay a deposit, and if you sue the labor department, the company will be fined 500-2000 yuan;

Then, of course, the application form can not be regarded as a labor contract, you have worked for 1 year, the company has not signed a contract with you, it is regarded as having signed an indefinite labor contract with you, and the salary of the 2nd-12th month of work can also be charged twice, but this is more troublesome to negotiate with the hotel, if you want to solve it quickly, simply say to the hotel to get back the deposit and the salary of the number of working days in the month, and forget it, the above is a bargaining chip to negotiate with the company.

The answer to the question of whether it is possible to request the termination of the labor contract without signing the labor contract is as follows:

OK. If the employee notifies the employer in writing 30 days in advance, he or she may terminate the labor contract. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

The employee may terminate the 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.There was no good way to pay the wages of the workers in full and on time.

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 employees.

5.The employer uses fraud or coercion or takes advantage of the danger of the employee to cause the employee to conclude or modify the labor contract contrary to his true intentions.

6.Other circumstances under which the labor contract may be terminated.

Under any of the following circumstances, the employee may terminate the labor contract at any time by notifying the employer:

1) During the probationary period.

2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor.

3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

If you have any other questions, click "Consult Me" to consult and provide you with professional legal advice.