What should we do if our factory doesn t have any contracts

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 employment, the employment relationship shall be established from the date of employment.

Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite 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 17 The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

According to the Labor Contract Law, if the employer does not sign an employment contract with the employee, it shall pay the employee twice the monthly wage. If a written labor contract has not been signed for more than one year, it shall be deemed to have concluded an indefinite labor contract.

Legal Analysis: Put away some things that prove that you have an employment relationship with the factory, such as pay slips, etc. Gather more evidence.

If necessary, you can sue it, as long as you can prove that there is a labor relationship between you and the labor unit, and it is the fault of the employer that you did not sign a labor service modification contract with the employee.

Legal basis: Labor Contract Law of the People's Republic of China 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 the employee twice the monthly wage. The salary consists of six parts:

1) Hourly wages, (2) piece-rate wages, (3) bonuses, (4) allowances and subsidies, (5) overtime wages, (6) wages paid under special circumstances.

Legal analysis: The methods for dealing with the failure to sign a contract in the factory are: 1. Put forward a request and ask the unit to sign a labor contract.

2. If the employer does not sign the contract, it can file a labor arbitration to require the unit to pay double wages. In accordance with the relevant laws and regulations, the employer and the employee are required to conclude a written labor contract within one month from the date of employment if the employment relationship has been established but no written labor contract has been concluded with Huai Xiangling. If the employer fails to conclude a written labor contract with the employee for more than one month from the date of employment, it shall pay the employee twice the monthly wage.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If a unit that has not signed a written labor contract with an employee for more than one month but less than one year from the date of employment 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.

The signing of the contract in the factory requires the employee to reach an agreement with the employer, and the employer and the employee must sign or seal the text of the labor contract to take effect. If the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign, affix their seals or press their fingerprints.

Article 502 of the Civil Code.

A lawfully established contract shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of the laws and administrative regulations of the slag town, if the contract shall go through formalities such as approval, follow its provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

Legal analysis: You can apply for arbitration or litigation. According to the law, if there is no employment contract, the work permit, the employer's recruitment registration form filled in by the employee, the attendance record, the testimony of other employees, and the audio recording, etc., can be used as evidence.

In addition to paying the employee's wages in full, an additional severance equivalent to 25% of the wages and remuneration shall be paid to the employee in case of malicious wage arrears. If there is sufficient evidence, you can first negotiate with the employer to settle the matter, and if the negotiation fails, you can report to the labor inspection brigade or apply for labor arbitration. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) After the termination of the labor contract, the person who fails to give economic compensation to the labor operator in accordance with the provisions of this Law.

To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall submit an application for recognition within one year. Materials to be submitted: application form for recognition of work-related injury (**generally ** of the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

If the worker does not work, there will be no income, and the factory should compensate appropriately, and it is recommended to consult the local labor and social security bureau for relevant matters. I hope my friend file is useful to you!