If you joined the company in December 2015 and signed a labor contract in June 2016, you can compens

It is possible to claim double the salary for about 6 months.

According to Article 82 of the Labor Contract Law and Article 6 of the Regulations for the Implementation of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee after one month of employment, it shall pay the employee twice the salary from the day after the expiration of one month. If the employee has not signed the contract for one month but less than one year, he or she shall be paid double the salary from the day after the expiration of one month to the day before the written labor contract is supplemented, and the employee joined the company in December 2015 and signed a written labor contract in June 2016, because the date of entry and conclusion of the labor contract is uncertain, and the time when the employer should pay double the salary cannot be accurately determined, which shall be about 6 months, which can be calculated by itself.

Labor Contract Law

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.

Regulations for the Implementation of the Labor Contract Law

Article 6 Where 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, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the employee twice the monthly salary and conclude a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

Double wages are calculated from the expiration of one month from the date of actual commencement of work.

If you start on 1/12/15, double pay will be calculated from 1/1/16.

It is possible to claim double pay from the second month of employment. If an employer has not signed a written labor contract with an employee for more than one month but less than one year, it is already an illegal employment, and the employee may resign and request the employer to pay twice the salary. Salary slips and bank statements can be used as evidence, and it can be used to prove that it is the attendance of the unit.

It is advisable to have testimonies from other workers. In case of disputes, the employee can apply to the labor arbitration commission for arbitration (free of charge), and at the same time submit evidence that can prove the labor relationship, so as to protect his rights in accordance with the law. Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded for the establishment of an employment relationship.

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 If 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 negotiation, it shall pay the worker twice the monthly wage.

Summary. Hello I joined the company in January 21, left in June without signing a contract, and I could not get compensation if I applied in June 23, and this situation has passed the validity period of labor arbitration. Labor arbitration is only valid within one year, and the labor bureau will not accept it after one year.

Joined in January '21, left in June without signing a contract, and applied in June '23 to compensate for several months of double salary.

Hello Joined in January 21, left in June without signing a contract, and applied for eggplant fiber in June 23 to be unable to obtain compensation. Labor arbitration is only valid within one year, and the labor bureau will not accept it after one year.

I joined the company in January '22 and made a typo.

Legal basis: Article 20 of the Law of the People's Republic of China on the Mediation and Arbitration of Labor Disputes is one year. The limitation period for arbitration is calculated from the date on which the parties knew or should have known that their rights had been infringed.

If you join the company in January '22, you will receive compensation for 4 months.

Which 4 months, how are the dates calculated.

It has been counted since February.

If you apply in June '23. Shouldn't it be calculated from June 22, and what if the arbitration is made after June 23.

If there are five months from the month after joining the company to the month of departure, you will be compensated for five months' salary.

How does the statute of limitations of the law stipulate.

The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

Whether you have been in the company for a year, or within a year of leaving the company, or at any time.

One year from the month in which the contract was not signed due to signing.

So what do you mean that no matter when an employee initiates arbitration, we will still pay 2 times the salary in advance for 24 years?

This means that one year is counted from February 22.

By February 2023, the validity period of the lawsuit will have passed.

Summary. Irrationality. According to the labor law, the employer is obliged to sign a written employment contract, and if the employer fails to provide a written employment contract, the employer can be required to compensate the beneficiary twice the salary. But it is unreasonable to ask for double wages.

Is it reasonable to ask for double wages after 10 months of not signing an employment contract in the first two years?

It is reasonable not to stare at the circle. According to the labor law, the employer is obliged to sign a written employment contract, and if the employer fails to provide a written employment contract, the employer can require the employer to compensate the beneficiary twice the salary. But it is unreasonable to ask for double wages.

In addition, it is also unreasonable if the beneficiary asks the Lingwang employer to compensate double wages. This is because according to the labor law, only if the employer intentionally or grossly negligently causes the beneficiary to suffer losses, can the employer be required to compensate the beneficiary for wages.

1. If the contract has not been signed, and the subject has been in the company for a year, there is a high probability that he can support 11 months of salary compensation.

2. Collect evidence of the company's forced termination of the labor contract, and also claim economic compensation.

The main premise is that if you want to protect your rights after being dismissed from the company, you need the subject to collect evidence and take the initiative to protect your rights.

The evidence that needs to be collected includes evidence of the existence of an employment relationship with the company, salary records, social security payment records can be used as proof of labor relations, and there are also work chat records, usual commuting fare records, takeaway records, work cards, etc.

If you don't have a contract, you can claim double pay for up to 11 months.

In addition, if the company notifies that it wants to dismiss you, you have the right to request compensation from the company, and you can clearly express your claim by formal email or text reply on WeChat, and the information between the two parties is also fixed by means of solid evidence.

The evidence of paper materials is ready for the original and copy, the electronic evidence is fixed through the first evidence collection platform, and after all the materials are sorted out, you can first negotiate with the boss on the issue of compensation, remember to record the negotiation process, clearly explain your claims, if you can't reach an agreement, you can directly submit the evidence prepared in advance, and apply for arbitration to the local labor dispute arbitration commission.

The arbitration procedure is a mandatory procedure, that is, as long as the parties apply for arbitration and meet the conditions for accepting the case, the arbitration commission will accept it. If you want to sue, you must first go through an arbitration process. If the arbitration does not meet the conditions and is not accepted, or if the arbitral award is not satisfied, it can also file a lawsuit with the local basic people's court.

If the contract is not signed for three years of work, the arbitration of double wages cannot claim compensation twice. In most provinces and cities across the country, the claim for double wages has exceeded the statute of limitations for arbitration and is not supported by law. According to Article 82 of the Labor Contract Law and Article 7 of the Regulations for the Implementation of the Labor Contract Law, if an employer fails to conclude a labor contract for three years, it shall be deemed to have concluded an indefinite labor contract, and shall immediately supplement the written labor contract and pay the employee double wages for a total of 11 months from the day after the employment has been completed for one month to the day before the expiration of one year.

If the employer has not signed a contract for one month, the employee shall claim double the salary in a timely manner. According to Article 27 of the Law on Labor Dispute Arbitration and Mediation, the statute of limitations for labor dispute arbitration is one year, calculated from the date on which the parties know or should know that their rights have been infringed. For the calculation of the statute of limitations for double wages, the regulations vary from place to place, with Beijing, Shanghai, Guangdong, Jiangxi and other provinces and cities applying the "month-by-month calculation", and "the statute of limitations for arbitration shall be calculated separately on a monthly basis from the second month after which a written labor contract has not been signed"; Shandong, Chongqing and other provinces and municipalities adopt the "algorithm from the expiration of the period", and "the limitation period for arbitration is calculated from the date of expiration of the deadline for performance"; Jiangsu and Heilongjiang adopt the "algorithm from the termination and expiration of the illegal act", that is, if the contract has not been signed for less than one year, it will be calculated from the day after the end of the illegal act of the employer not signing a written labor contract, and the statute of limitations for applying for arbitration if the employee has not signed the contract for one year shall be calculated from the day after the expiration of one year; A few provinces and municipalities, such as Hubei, have adopted the "algorithm from the date of termination of labor relations", and "the statute of limitations for applying for arbitration for double wages shall be calculated from the date of termination of the labor relationship, and the period shall be one year".

Article 6 of the Regulations for the Implementation 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 salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee.