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The labor contract is basically signed when you go through the entry process, which is more convenient. If you are worried about problems during this time, you can sign an employment agreement to protect the rights and interests of both parties. 1. Article 10 of the Labor Contract Law stipulates that:
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. The above-mentioned clause mandatorily stipulates that an employer shall conclude a written labor contract within "one month" at the latest from the date of establishment of the labor relationship.
Therefore, this is actually a limited relaxation of the time requirement for the conclusion of a labor contract, stipulating that if a labor relationship has been established and a written labor contract has not been concluded at the same time, if the written labor contract is concluded within one month from the date of employment, the act is not illegal. 2. However, 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 salary (Article 82 of the Labor Contract Law). This is a penalty measure for the employer who fails to conclude a written employment contract within one month from the date of self-employment.
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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. 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. If an employer violates the provisions of the Labor Contract 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: Nothing to be Done. Generally speaking, after going through the entry procedures, you and the employer have established an employment relationship, but the labor contract can be signed within one month after employment.
Article 37 of the Labor Contract Law of the People's Republic of China Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.
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Legal analysisBecoming a regular employee of a company is subject to the date of signing the labor contract, and if you do not sign the labor contract, you have not been recognized as a regular employee by the company, and you can not go without establishing labor relations, but as a working person, it is recommended that it is best to say hello to the company's human resources department, explain the reason why you can't go, and apologize. It's still necessary to make a good impression every career choice. If you have not signed a labor contract, you can submit a resignation report and leave at any time, and the company cannot withhold wages on this basis, and should settle all arrears of wages and overtime wages.
If the company does not pay social security, it will also have to pay social security from employment to resignation. If the company resigns and withholds the arrears of wages, it can file a complaint with the local labor inspection department or apply for labor arbitration.
Legal basisLabor Contract Law of the People's Republic of China Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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If you have not signed a labor contract for less than one month after joining the company, you are entitled to receive a salary, and if the employer has not signed a labor contract, you need to pay double the salary. Wage payment mainly includes wage payment items, wage payment level, wage payment form, wage payment object, wage payment time and wage payment under special circumstances. Wages should be paid in legal tender.
Payment in kind and in alternative currency** may not be made.
The employer shall return the payment of wages to the employee. If the employee is unable to receive wages for any reason, his/her relatives or entrusting others to collect the wages on his/her behalf, and the employer may entrust a bank to pay the wages on his/her behalf. The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference.
When paying wages, the employer shall provide the employee with a list of his or her personal wages.
Interim Provisions on Payment of Wages".
Article 7 Wages must be paid on the date agreed between the employer and the worker. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
Article 13 Where an employer arranges a worker to work beyond the statutory standard working hours according to actual needs after the worker has completed the work quota or the prescribed work tasks, the employer shall pay the wages according to the following standards:
1) If the employer securely arranges the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract;
2) If the employer arranges for the worker to work on a rest day in accordance with the law, but cannot arrange compensatory leave, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract;
3) If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, the employer shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.
If an employee who is subject to piece-rate wages is arranged by the employer to extend his working hours after completing the piece-rate quota task, he or she shall be paid wages at a rate not less than % of the unit price of the piece-rate working hours of the employee in accordance with the principles stipulated above.
With the approval of the labor administrative department to implement the system of comprehensive calculation of working hours, the part of the comprehensive calculation of working hours exceeding the statutory standard working hours shall be regarded as extended working hours, and the wages for extended working hours shall be paid to the workers in accordance with these provisions.
Employees who practice the irregular working hours system are not subject to the above provisions.
No penalty is required. Because, you didn't report to work, voluntarily gave up the employment opportunity, and the agreement was not established. However, the market is risky, and you need to be cautious when signing a contract. Netizen suggestions are for reference only, good luck!
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