Can I get compensation from the company if I lose my labor contract?

As one of the evidence of labor disputes, the individual employment contract is of course very important in law, and if you can provide other evidence to prove the existence of an employment relationship between you and the employer, it is also okay. The company will take it out, and if the company doesn't take it out, you have the right to ask the company to pay double the salary because the company has not signed the labor contract. Whether it is labor arbitration or labor litigation, the presentation of evidence in the trial process is a very important part.

Therefore, it is also very important for the use of evidence at hand. Sometimes we may have a lot of evidence in our favor, but not every material must be submitted, but we should choose to submit it purposefully, so that we can adduce wise evidence. Let me first classify the evidence in labor litigation for you.

1. Proof of employee entry: such as "Entry Registration Form", "Letter of Employment", etc.;

2. Proof of employee work content: such as "Labor Contract", "Entry Registration Form", "Post Adjustment Notice", "Secondment Letter", "Job Description", "Employee Performance Appraisal Form", etc.

3. Proof of agreed wages and working hours: such as "Labor Contract", "Employee Handbook" and other rules and regulations;

4. Proof of employee salary payment: such as "salary slip", "bank punch card record", etc.;

5. Proof of the employee's specific working hours: such as "attendance sheet", "attendance record", etc.;

6. Information on employee resignation: such as "Resignation Handover Form", "Dismissal Letter", "Resignation Application", etc.

You can ask the company to pay you back your overtime pay.

I don't know if you are satisfied with the above?

I bought a little more insurance, and I didn't pay a hundred or dozens of dollars, and it is recommended to send SF Express, EMS, and other couriers in the future.

It should be possible to get compensation, but if the contract is lost, it will be more difficult; It is recommended that you file a complaint with the Labor Bureau, apply for labor arbitration, file a lawsuit in court, and if it is difficult, you can hire a lawyer or apply for legal aid at the Judicial Bureau.

1. What is the direct relationship between the loss of the contract and the claim for compensation?

2. Your contract is gone, but the company's contract is still there, if it is arbitration, you can ask the company to take out the contract.

3. The key is that I don't understand what the situation is, so it's hard to say.

You cannot claim compensation for any loss caused to you.

What kind of compensation do you mean?

Legal analysis: The company's labor contract can be reissued if it is lost.

Legal basis: 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 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. 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 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

If the labor contract signed with the company is lost, and the employer and the employee terminate the labor contract relationship in accordance with the Labor Contract Law, the employer shall pay compensation or compensation to the employee, and the loss of the labor contract text of the employee shall not exempt the employer from the responsibility of paying economic compensation.

To provide evidence to prove the existence of an employment contract relationship between the employee and the employer, the usual evidence materials required include the following:

1. Evidence of the employee's work content, such as electronic texts, materials, and other information related to the company;

2. The relevant identification of the worker's work, such as work letter, employee card, employee clothing and any other proof related to the company;

3. The system basis given by the company to the workers is best to seal or print the whole set of materials, such as employee handbook, financial system, employee roster, etc.;

4. Information communicated between the company's regular employees or leaders and employees, such as work arrangements, written notices, e-mail notices, etc.;

5. The worker can try to have a dialogue with the company's supervisor, and then record the record, and reflect the leader's name in the recording material, otherwise, it will be difficult for the labor dispute arbitration committee to confirm the authenticity of the recording material;

6. The worker can prove that the worker works in the company through the witness and the testimony of other employees who have left the company.

7. Other materials that can be related to the company (documents signed by the work) can be used as evidence.

Labor Dispute Mediation and Arbitration Law

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Labor Contract Law

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the labor-blind operator in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

If an enterprise loses a labor contract, it shall be dealt with in the following ways:

1. Since the labor contract has been filed with the Labor Bureau, you can make a copy of it to the Labor Bureau and have the Labor Bureau affix its official seal.

2. The worker can also provide a copy signed by the worker and stamped by the unit.

In this way, the integrity of the file can be guaranteed, and the most important thing is to strictly follow the labor law and labor contract law to avoid labor disputes.

Generally, the rights and obligations of employees in the same position in the same unit are basically the same, and according to the regulations, the employee should also keep a copy.

1. What should I do if I don't give an employee a copy of the labor contract?

It is illegal for the unit to do so. If the employer does not agree, then the employee can file a complaint with the labor department or apply for labor arbitration to request the employer to give the employee a labor contract. According to the relevant laws and regulations, the labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

2. There are several labor contracts in the company.

Two servings. The employer and the employee shall each hold one copy of the labor contract. If the employee's labor contract is lost, he/she can contact the employer to reissue it.

Article 16 of the Labor Contract Law stipulates that the labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold a copy of the text of the labor contract.

1. The labor contract is generally in duplicate, and after it is lost, you can find the unit to re-sign the contract or issue a certificate of loss.

2. The photocopy does not have the full legal effect of the original, even after the official seal is affixed. Therefore, it is better to let the employer re-apply for the labor contract.

3. The copy does not have the full legal effect of the foresight, that is, there is still a difference between the copy and the original. The unit has no right to tamper with the contract without permission, and if the contract is amended, it must be signed and agreed to.

4. During the maternity leave, the employee cannot be dismissed at will, but the contract can also be terminated if the two parties agree through negotiation. As long as you are willing, you can renew the contract. If the employer does not agree to renew the contract, the employer can terminate the contract after the expiration of your maternity leave.

5. With regard to indefinite-term labor contracts, indefinite-term labor contracts can be signed under the circumstance that indefinite-term labor contracts can be signed. If not, unless the employer is willing to sign an indefinite contract with you.

6. The best situation is to find a contract or re-sign a contract. If it doesn't work, if you really get into arbitration or the court in the future, you have to refer to the employees in the same position as you in your unit as a reference standard for your work. However, it must not be lower than the local minimum wage.

1. Relevant provisions of the Labor Contract Law.

1. According to Article 16 of the Labor Contract Law, the labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

2. Article 19 of the Labor Contract Law: If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

If the employee applies for arbitration, the company will not be able to prove the contract, and in specific cases, it can re-sign it or apply to the labor management department for copying.

Summary. Legal analysis: If you accidentally lose it, you can ask for another labor contract, even if there is no compensation, it doesn't matter, as long as the existence of the labor relationship can be proved, then it will not affect the claim for compensation.

It does not affect, and you can ask for another copy. As long as both parties can perform in accordance with the contract, it doesn't matter if you lose it, if there is a dispute between the two parties during the performance of the contract, it should be resolved according to the agreement of the contract and the provisions of the law.

Dear, hello, I'm glad to answer for you, brother according to your question, the results of your analysis from a legal perspective are as follows: to give the letter of filial piety, the loss of the labor contract will not affect the compensation.

Legal analysis: If Chongsen accidentally loses it, he can ask for a replacement labor contract, even if there is no compensation, it does not matter, as long as the existence of the labor relationship can be proved, then it will not affect the claim for compensation. It does not affect, and you can ask for another copy.

As long as both parties can perform in accordance with the contract, it doesn't matter if you lose it, if there is a dispute between the two parties because of the performance of the contract, it should be resolved according to the agreement of the contract and the provisions of the law.