What should I do if I don t sign a contract and don t pay my salary

Labor cases can be handled by themselves, the same can be won, and labor arbitration is completely free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me!

1. Because the employer violated the law first, you can leave immediately after you leave the job in writing, and ask the employer to pay you the arrears of wages, deposits, economic compensation, double wages (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. The premise is that there is evidence to prove the labor relationship! For example, tooling with the company's name, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).

3. Applying for labor arbitration is very simple: bring the labor arbitration application, a copy of your ID card, relevant evidence, and industrial and commercial registration information, and then go to the local arbitration commission to apply for a case! After the case is filed, you go to find a new job, and you don't delay anything!

Legal basis: Labor Contract Law:

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.

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.

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.

Collect evidence, file a complaint with the labor inspection authority or apply to the labor arbitration commission for labor arbitration.

What else do you need, I think I'm unlucky, his company is going to be yellow, what salary do you want!

If you don't have evidence, you will definitely not be able to do it, and the next time you go to a new unit, you must pay more attention, and if you really can't do it, take a voice recorder and record the evidence.

It is advisable to collect evidence and apply for labor arbitration.

Lawyer Liang Bin.

(1) Negotiate with the boss to settle the problem; (2) apply for labor arbitration to the labor arbitration commission of the local labor bureau or file a complaint with the labor inspection agency, which shall order the employer to make corrections;

(3) If the applicant is not satisfied with the arbitration result, he or she may file a lawsuit with the people's court in accordance with the law;

Legal basis: Article 82 of the Labor Contract Law 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.

Analysis of the law of prudence: If the labor contract is not signed and the boss does not pay the salary, there are the following ways to solve the problem: 1. Negotiate with the boss to solve the problem; 2. The labor arbitration commission of the local labor bureau applies for labor arbitration to get back the wages; 3. If you are not satisfied with the arbitration result, you can file a lawsuit with the court; 4. Ke Yan Xiaofu complained to the labor inspection agency, and the employer was ordered to make corrections.

Legal basis: Interim Provisions on Payment of Wages Article 19 In the event of a labor dispute between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Legal Analysis: It is illegal not to sign an employment contract, and you can ask the employer to pay double wages for up to 11 months. In terms of evidence, it is sufficient to prove the employment relationship, such as pay slips, punch-in records, tooling, work information, colleague testimony, etc.

Wages shall be paid in accordance with the contract, including basic salary, bonuses, allowances, commissions and other expenses. It is illegal to delay or withhold wages, and full payment may be required. More than 15 days after the salary payment date agreed in the contract is considered arrears.

Legal basis: Civil Code of the People's Republic of China

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not use written form, and cannot confirm Article 707 Gao Fan's lease term of more than six months, it shall be in the form of written recitation. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

715 Seepage Lessee The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

Legal analysis: 1. Negotiate with the boss to settle the problem; (2) apply for labor arbitration to the labor arbitration commission of the local labor bureau or file a complaint with the labor inspection agency, which shall order the employer to make corrections; (3) If the applicant is not satisfied with the arbitration result, he or she may file a lawsuit with the people's court in accordance with the law;

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

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is arranged to work on a rest day and cannot arrange compensatory leave, he shall be paid a wage remuneration of not less than 200 percent of the wage; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

If the labor contract is not signed, it is an illegal act, and the employer needs to pay double the salary.

Where wages are not paid, they shall be paid in a timely manner.

All of the above can be resolved by reporting to the Labor Inspection Brigade or applying for labor arbitration.

Labor Contract Law.

Article 74 [Matters of Supervision and Inspection by the Labor Administrative Department] The local people's ** labor administrative department at or above the county level shall supervise and inspect the following implementation of the labor contract system in accordance with law:

1) The employer's formulation of rules and regulations directly related to the vital interests of workers and their implementation;

2) The conclusion and termination of labor contracts between the employer and the employee;

3) The compliance of labor dispatch units and employing units with the relevant provisions on labor dispatch;

4) The employer's compliance with the national regulations on working hours, rest and leave for employees;

5) The employer's payment of labor remuneration as stipulated in the labor contract and the implementation of the minimum wage standard;

6) The employer's participation in various social insurances and payment of social insurance premiums;

7) Other labor inspection matters stipulated by laws and regulations.

Article 82 [Legal Liability for Failure to Conclude a Written Labor Contract] 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 you have evidence to prove the labor relationship between you, then bring the evidence to the labor arbitration commission to apply for arbitration! Defend your rights.

I have been working in the company for 3 months, the company has not received the project, originally said that my salary is 2650 yuan, the employer has not signed a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall.