Refusal to pay migrant workers wages on the grounds that they have not signed labor contracts with

If a worker has not signed a labor contract, he or she may also claim double wages.

A written labor contract shall be signed within one month from the date of employment, and if the labor contract is not signed for more than one month, the employer shall also pay double wages for more than one month but less than one year. If a written labor contract has not been concluded for more than one year, it shall be deemed to have concluded an indefinite labor contract.

Payroll card transaction records and pay slips can be used as evidence of the amount of wages. If the labor remuneration is in arrears, the worker may file a complaint with the labor administrative department.

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 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

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.

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.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

It is illegal not to sign a labor contract with a migrant worker in the first place, and what kind of reason is this? Not only can they demand payment of wages, but they can also claim compensation from the unit, such as half a month's salary for more than one month and less than six months, one month's salary for more than six months but less than one year, and so on, one month's salary for each additional year for more than one year.

Hello, the answers to the above questions are as follows: Migrant workers also have to sign labor contracts. Migrant workers do not sign labor contracts, and according to the law, migrant workers must take the initiative to sign a written labor contract; If the employer insists on refusing to sign, they can report the situation to the local labor and social security administrative department, and the labor and social security administrative department will urge it to sign.

Before signing the labor contract, it is necessary to carefully read the rules and regulations such as the work description, labor discipline, wage payment regulations, and labor contract management rules for the relevant positions, because these documents involve the rights and interests of migrant workers in various aspects, and when these documents are attached to the labor contract, they have the same legal binding force as the labor contract; The labor contract shall be at least in duplicate, one for each party, and the migrant worker shall keep it properly.

Article 2 of the Notice on Matters Concerning the Establishment of Labor Relations Article 2 If an employer has not signed a labor contract with an employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties: (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) The employer disburses it to the worker"Congratulatory certificate of working cavity"、"Service card"and other documents that can prove identity; (3) The employer fills in the worker's recruitment and recruitment"Registration form"、"Registration form"and other recruitment records; (4) Attendance records; (5) Testimony of other workers, etc. Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

Legal Analysis: If a migrant worker does not sign a labor contract, the employer shall pay the worker double wages every month to compensate him.

Legal basis: Labor Contract Law of the People's Republic of China Article 82 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 labor contract shall be concluded without a fixed fixed term.