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1) The expiration of the labor contract in August 07, both parties have not proposed to renew or terminate the contract, and have been working in the company until now, indicating that the labor relationship between you and the company is de facto and should be applied to the current labor contract law.
2) Because the labor contract law was implemented in 08, which stipulates that if the company does not sign a labor contract with the employee within one month, it must pay the employee double wages from the second month, so the company needs to pay you double wages from February 08.
3) The Labor Contract Law stipulates that if an employer does not conclude a written labor contract with an 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. Therefore, only by January 09 when the company has not signed a labor contract with you, you will be deemed to have signed an indefinite contract.
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According to the provisions of Article 7 of the Regulations for the Implementation of the Labor Contract Law, since August 08 (the specific date is the date of the expiration of your 07-year contract), you have formed an indefinite term labor contract with the employer, for which you have the right to request the employer to pay double wages for a total of "eleven" months from August 07 to August 08, and at the same time you can request the employer to sign an indefinite labor contract with you.
You may refer to Article 7 of the Regulations for the Implementation of the Labor Contract Law.
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From February 2008 onwards, the company that has not signed a contract should pay you double your salary. In January 2009, the contract was not signed, and it was deemed that an indefinite term employment contract had been formed.
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It is an employment contract with no fixed working period.
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It's been more than a year since 2019, and it's already a de facto labor contract relationship, so it is no longer possible to claim double wages. Since the company is paying pension insurance for you, even if there is a labor dispute, there is relevant evidence, so there is no problem, if you must sign a labor contract, you can also raise it with the enterprise.
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If the labor contract is not renewed after expiration, the labor contract will be terminated, but if the employee continues to work and the employer has no objection, it shall be deemed that both parties have agreed to continue to perform the labor contract under the original conditions, and the employer may propose to terminate the labor relationship at any time.
Article 3 of the Labor Contract Law of the People's Republic of China stipulates that 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 in order to establish a labor 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. 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 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.
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Legal analysis: If the employer continues to work without renewing the labor contract after the expiration of the contract, the employer shall calculate the severance paid at the expiration of the contract and the severance payment for the failure to renew the written labor contract. According to the Labor Law, if an employer is required to sign an indefinite-term labor contract with an employee but fails to do so, the people's court may deem that there is an indefinite-term labor contract between the two parties, and determine the rights and obligations of the party based on the original labor contract.
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 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.
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After the expiration of the labor contract, if the employer continues to employ the employee, but fails to renew the labor contract with the employee in a timely manner, it is not quietly legal, and the employer will bear adverse legal consequences. After the expiration of the labor contract, if the employer and the employee do not renew the contract, and the employee continues to work, in accordance with the requirements of the Labor Contract Law of the People's Republic of China, if the employee has not concluded a written labor contract with the labor negotiation slag for more than one month but less than one year, the employee may request to pay twice the monthly salary from the second month.
Article 82 of the Labor Contract Law of the People's Republic of China 02 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. 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.
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Legal Analysis: If the employer continues to work without renewing the labor contract after expiration, the employer shall calculate the severance payment for the down payment at the expiration of the contract and the severance payment for the failure to renew the written labor contract.
Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China.
To establish a labor relationship, a written labor contract shall be concluded. 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 an employer and an employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
If the labor contract expires and the company does not renew it, the employee can receive one month's salary for each year of the working life of the employer. >>>More
1. If the employer proposes not to renew the visa, it shall pay the employee severance and pay one month's salary for one year of service; If the employee requests to renew the indefinite-term labor contract under Article 14 of the Labor Contract Law, and the employer refuses to renew the labor contract illegally, the employer shall pay the employee compensation and pay 2 months' wages for 1 year of service; >>>More
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If the employee is unwilling to renew the contract upon expiration, it does not fall under Article 46 of the Labor Contract Law, which states that "the employer shall pay economic compensation to the employee under any of the following circumstances: (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, there will be no economic compensation if the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law". ]