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According to the Labor Contract Law.
As long as the labor contract is not signed in accordance with the law, the employee shall be paid double wages. Article 46 of the Labor Contract Law stipulates that if an employer proposes to terminate a labor contract and reaches an agreement with the employee through negotiation, it shall pay economic compensation to the employee.
If the employment contract is terminated by mutual agreement, the employer must pay economic compensation. The employer shall pay severance to the employee only if the employer proposes to terminate the labor contract and both parties agree to terminate the labor contract through consultation.
If the employer does not sign an employment contract with the employee, the employer will face the following legal consequences:
If the employer does not sign an employment contract with the employee for more than one month, the employer shall pay the employee twice the salary. If the employer does not sign an employment contract with the employee, it also faces a credit risk.
Even if the employer and the employee have reached a verbal agreement and do not need to sign a labor contract, if the employer does not meet the employee's certain needs, the employee can report to the labor department at any time and demand to pay double the salary, so the enterprise wants to reduce the operating costs.
and risk should also be signed an employment contract.
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It is normal to work for only one day in this employer and not sign an employment contract. Can be counted as a probationary period. Have the right to unilaterally terminate the probationary relationship. The employee may terminate the employment relationship by giving three days' notice to the employer.
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The Labor Contract Law stipulates that a contract may not be signed for a period of one month.
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First, you don't need to sign a labor contract to work for only one day.
Second, it is enough to pay wages according to the oral agreement for only one day.
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If you only work for one day, you don't need to sign a labor contract, and you may be able to leave at any time with your salary, and you can not come to work the next day. If you want to work for a long time, you still have to sign a contract, because after signing the contract, the unit will buy social security for you.
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According to the provisions of the Labor Law, an employment contract is signed within one month of the establishment of the activity relationship. It is not illegal to work for only one day without signing a labor contract. But the fact of labor relations exists.
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According to the situation you have explained, even if you have only worked for one day and have not signed an employment contract, the employer must pay you labor remuneration as required.
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If you only work for one day, there is a high probability that you will experience life and will not be paid. There's no way to pay you, but it's still possible if you say yes. For example, our unit is like this, so that you can feel the content of the work, it will not let you do too many things, and it is impossible to give you money.
Of course, lunch is still available
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If you only work for one day and do not sign a labor contract, if you want to leave, then you will leave the salary directly, and you may not get it, because if you do not sign the labor contract within a month, the employer will be liable.
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Hello, in this case, it is difficult to protect your legitimate rights and interests, and there is no legal protection. What you can do is to keep your work content and work records for future purposes.
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If you only work for one day and do not sign a labor contract, you can apply for resignation or self-departure from the company's leaders.
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Just get the day's salary and leave. There are many companies that stipulate a trial period, but the trial period has not passed, and there is no salary.
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Only work for one day, no money, how to do the labor contract, there is no money on that day, and he also has to pay the salary of the labor contract.
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Only work for one day, one day's salary, if you don't do it, you don't have to sign a contract with Lao Yundong.
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If you work for a day, you're still on probation, and you won't sign a contract at all.
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Legal Analysis: Usually, employees must settle their wages regardless of the reason for leaving. As long as you go through the resignation procedures in accordance with the prescribed requirements, the company must pay you the salary you are entitled to.
As for the issue of not signing a labor contract, the company is not at fault, because it has not exceeded 30 days.
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. A 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.
Tongyun. Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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Summary. Yes. If the employee signs a contract with the company and does not work for one day, it is not possible to resign, and the employee resigns only by notifying the employer in writing one month in advance to terminate the labor relationship.
Hello, I am the cooperating lawyer of the consultation, I have received your question, there are more people consulting at present, please wait for a while, I am helping you solve the problem.
Do I need to leave my job?
Yes. It is not permissible for a worker to sign a contract with the company to bury Hu for a day and stop him, and it is not possible for the worker to resign, and the employee only needs to notify the employer in writing one month in advance to terminate the labor relationship.
After the probationary period, you can leave your job after 30 days by submitting your resignation letter 30 days in advance. During the probationary period, you can leave the company after 3 days by notifying the employer 3 days in advance. If the employer does not pay for you to do professional and technical training and sign a training agreement to stipulate the service period of Meng's Qihu errand, then you do not need to pay liquidated damages if you leave early.
What are the conditions for voluntary departure.
There is no voluntary resignation.
1. The employer may terminate the labor relationship in accordance with the circumstances stipulated in Article 38 of the Labor Contract Law (the employer is illegal) without 30 days in advance and without approval, and the employee can leave immediately. In addition, the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law. 2. The notice of resignation can be written as follows: There is a certain department and the employer that have formed a de facto labor relationship from xx year xx to xx year xx, because the employer has violated the relevant provisions of the Labor Contract Law and does not enter into a written labor contract with the employee, in accordance with the relevant provisions of Article 38 of the Labor Contract Law, proposes to terminate the labor relationship, and requests the employer to pay the arrears of wages in full in accordance with the relevant provisions of the Labor Contract Law, in accordance with the provisions of Article 82 of the Labor Contract Law. If you have not concluded a written labor contract with the employee for more than one month but less than one year from the date of employment, you must pay twice the monthly wage. >>>More
Can I quit my job at any time during the probationary period?
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