What should I do if the unit doesn t sign a contract with me?

Updated on society 2024-06-16
7 answers
  1. Anonymous users2024-02-12

    1.The first thing you have to do is go to the hospital for a physical check-up. The hospital determines that your illness is due to work.

    2.If the company does not sign an employment contract with you when the contract expires. Then, the company must first notify you in writing 30 days in advance.

    After 30 days from the date of notification, the salary will be settled. If there is no written notice in advance, then it violates the new labor development regulations of our country in 08.

    Compensation method: 1. After written notice, compensation method: your salary this month + half a month's salary that the company does not compensate for signing a contract + compensation for injuries caused by occupational diseases (please consult the Labor Bureau for compensation methods for occupational diseases, I don't know what the disease is, so there is no way to determine) + the cost of physical examination.

    2.If you are not notified in writing, you will be compensated for 5 years' salary, which is double. That is, 1 year and 1 month, 5 years and 5 months + 08 years.

  2. Anonymous users2024-02-11

    I think it depends on how you want to solve this problem, first of all, if you want to stabilize your job, you can try to explain your situation to the unit, it is best to have a doctor's certificate, negotiate with the unit, if the unit still refuses, then you can change the unit and work again, if you want to explain one, two, three with the unit, it may involve labor disputes, you should understand what it means, if it really comes to that point, then you can get the relevant legal agencies for help, good luck!!

  3. Anonymous users2024-02-10

    You can only go to arbitration, and in 08 it was stipulated that if you don't sign a labor contract in the second month of work, you will be paid double wages, and there will be a certain amount of compensation for occupational diseases. and to be notified in writing.

  4. Anonymous users2024-02-09

    Your employer is violating the labor law in this way, and you should go to the relevant department to inquire about this situation.

  5. Anonymous users2024-02-08

    Legal analysis: 1) If you do not sign a labor contract, you can ask the employer to pay double wages within one year;

    2) If the labor contract is not signed for more than one year, it shall be deemed that there is no fixed-term labor relationship between the units.

    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. If the employer and the employee conclude a labor contract before the employment is made, the labor relationship shall be established from the date of employment.

    Article 14 refers to a labor contract in which the employer and the employee agree that there is no definite termination time. 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.

  6. Anonymous users2024-02-07

    Although no employment contract has been signed, it does not affect the establishment of a de facto employment relationship between the two parties. If the employer does not sign 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 signed an indefinite labor contract.

    Legal basis: Article 14 of the Labor Contract Law of the People's Republic of China stipulates that an indefinite-term labor contract refers to an employment 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 is restructured and re-concludes a 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 concluded an indefinite labor contract.

  7. Anonymous users2024-02-06

    Legal Analysis: If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay twice the monthly salary to the employee.

    Legal basis: 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 the 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."

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