If the employee refuses to sign the labor contract, will the factory still be liable for the resulti

If the employee refuses to sign the contract, the employer shall terminate the employment relationship. If the employer does not terminate the employment relationship and continues to employ the employee, it still needs to bear the corresponding legal liabilities.

Of course, you have to be in charge, no matter who is responsible for not signing the contract, in the end, it is the improper management of the unit, and the "Labor Contract Law" says very clearly, ha!!

1. If the enterprise has established a labor relationship but has not signed a labor contract, the practice of the enterprise violates the provisions of Article 10 of the Labor Contract Law, and it shall bear the legal responsibility of paying twice the salary stipulated in Article 82, which shall be calculated from the day after entering the enterprise for one month, but not more than 11 months.

2. If an employee is injured at work, it falls under the circumstances stipulated in Article 14 of the Regulations on Work-related Injury Insurance, and shall be recognized as a work-related injury. In the case that the enterprise does not make a determination, it can be resolved by applying to the labor dispute arbitration commission for labor arbitration.

3. Although no labor contract has been signed, it does not affect the formation of a de facto labor relationship with the enterprise. If an enterprise does not recognize him as an employee, it may refer to the following provisions of the Notice on Matters Concerning the Establishment of Labor Relations:

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

If a contract is not signed, but it does not affect the determination of the labor relationship, the rights can be protected in accordance with the law.

Without a written contract, there will be some trouble. In this case, the key is to provide evidence, and there must be evidence to prove that you have worked in the company, such as check-in records, witness testimony of colleagues, company monitoring records, etc.

Hello, collect evidence such as salary list, uniforms, work badges, etc. to prove the existence of labor relations, it is recommended to call to discuss in detail.

If the employee voluntarily refuses not to sign the labor contract, the employee shall bear the responsibility. The law requires employers to do the following:

First of all, the employee shall be informed in writing to sign the employment contract at the specified time and place, and if the employee refuses, the employer shall mail a notice to the employee to sign the employment contract within a specified period according to the employee's mailing address.

Secondly, in the written notice, the deadline for signing the employment contract should be specified, and the text of the employment contract should be issued together. It should be noted that the employment contract shall have the necessary provisions of Article 17 of the Labor Contract Law, and the employee has the right not to sign any content that violates the mandatory provisions of the law. Thirdly, it is advisable to do so within one month of the date of the notice and the term of the employment contract, otherwise the employee will be compensated.

Finally, the employer should inform the employee of the legal consequences of not signing the employment contract, and the termination of the employment relationship.

The employer is not completely passive when it comes to the signing of the employment contract, because the law clearly stipulates that the employer has the right to terminate the employment relationship as long as certain conditions are met. Article 5 of the Regulations for the Implementation of the Labor Contract Law stipulates that if an employee does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the employment relationship, and shall not pay economic compensation to the employee, but shall pay the employee the labor remuneration for his actual working time in accordance with the law.

1. How to sue the company if you have not signed a labor contract?

Labor disputes can only be arbitrated first, and lawsuits can be filed if they are not satisfied with the arbitration results. If the court does not accept the lawsuit, the arbitration result will have no impact on the litigation. If there is no labor contract such as salary card and attendance card, and if there is no labor contract and no labor contract has been worked in the unit for no more than one year, the owner can request double salary compensation from the second month of employment.

If it exceeds one year, it is regarded as an indefinite labor contract, and there is no double wage compensation, and the law of our country stipulates that an indefinite-term labor contract refers to an employment contract with no definite termination time agreed between the employer and the employee.

To establish a labor relationship, 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.

Legal analysis: If the enterprise refuses to sign the labor contract, the worker can make a request to the fiber mold unit to sign the labor contract. If the unit does not sign the contract, it can file a labor arbitration to require the unit to pay double the initial capital.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China 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.

Legal Analysis: If an employer does not sign a labor contract with an employee and suffers losses, the employer shall bear the losses.

Legal basis: Law of the People's Republic of China on Labor Destruction and Defects

Article 3 The conclusion of a labor contract shall follow the principles of joint closure, 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 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 the employee refuses to sign the labor contract, the employer does not need to pay economic compensation, and only if the employer does not sign the labor contract with the employee, the employer is required to pay economic compensation.

1. How to compensate if the company does not renew the labor sail contract.

If the company does not renew the labor contract, it shall compensate the employee for economic compensation. The severance compensation is calculated according to the number of years the employee has worked in the employer, and one month's salary is paid to the employee for each full year. If the employee refuses to maintain or improve the employment of the labor contract and requests to renew it, it is not necessary to pay compensation to the employee.

If the monthly wage of a worker is three times higher than the average monthly wage of an employee in the previous year as 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 severance shall not exceed 12 years.

2. Does the company have to compensate the employee who refuses to sign the contract after the expiration of the labor contract?

If the employee refuses to renew the labor contract, or if the employer maintains or improves the terms and conditions of the labor contract to renew the labor contract, and the employee does not agree, the employer does not need to give economic compensation. However, if the unit offers not to renew, or if the renewal is rejected by lowering the conditions, it shall be compensated financially. Economic compensation shall be paid to employees according to the number of years they have worked in the unit and one month's salary for each full year.

3. What should I do if the employee refuses to sign the contract?

If an employee refuses to sign a labor contract, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment 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 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 twice the monthly wage to the laborer from the date on which the indefinite-term labor contract should have been concluded.