What is the best solution for employees who are reluctant to sign labor contracts?

Beijing Municipal Bureau of Labor:

1. If the employee is unwilling to sign a labor contract with the employer, he or she may terminate the labor relationship after 30 days of written application after consultation and agreement between the two parties. If the employer refuses to sign the labor contract and fails to perform the agreement, the employer may terminate the employment relationship 30 days after the employer submits a written application. After the termination of the labor relationship, if the original service contract or agreement stipulates or the employer stipulates compensation methods in accordance with the law, the employee shall be liable for compensation in accordance with the service contract, agreement and the provisions of the employer; If there is no agreement or provision, it shall be implemented in accordance with the relevant provisions of the state. After the employer terminates the labor relationship with the employee, it shall promptly transfer the employee's file to the employee's new receiving unit; If there is no receiving unit, it shall be transferred to the place where the employee's household registration is located.

Notice of the Beijing Municipal Labor Bureau on the Reply of the Ministry of Labor on Issues Concerning the Signing of Labor Contracts by Permanent Workers (May 10, 1996, Jing Lao Ban Fa [1996] No. 115).

1. If an employee unilaterally refuses to sign a labor contract with an enterprise, causing economic losses to the enterprise, if there is no provision in the original service contract or agreement or the enterprise does not stipulate compensation methods, the provisions of Article 4 of the Notice of the Ministry of Labor on Issuing Compensation Measures for Violations of the Provisions of the Labor Law on Labor Contracts (Lao Bu Fa [1995] No. 223) may be implemented mutatis mutandis.

2. The employee causes economic losses to the employer and requests not to sign the labor contract.

Ministry of Labor, Reply to Issues Concerning the Signing of Labor Contracts by Permanent Workers (Lao Ban Fa [1996] No. 71, April 26, 1996).

Beijing Municipal Bureau of Labor:

3. Employees who have caused economic losses to the employer and have not been dealt with by the relevant authorities or are not allowed to terminate the labor relationship with the employer during the period of review due to other problems.

3. The employee does not sign a labor contract, but still requires to maintain the labor relationship.

Ministry of Labor, Reply to Issues Concerning the Signing of Labor Contracts by Permanent Workers (Lao Ban Fa [1996] No. 71, April 26, 1996).

Beijing Municipal Bureau of Labor:

2. For employees who refuse to sign labor contracts but still require to maintain labor relations, the employer may terminate the labor relations with the employees after the expiration of the prescribed time limit and go through the relevant formalities.

Notice of the Beijing Municipal Labor Bureau on the Reply of the Ministry of Labor on Issues Concerning the Signing of Labor Contracts by Permanent Workers (May 10, 1996, Jing Lao Ban Fa [1996] No. 115).

Here's how we solve this problem:

1. Manpower takes the lead, organizes the trade union, and the department head of the employee's company holds a communication meeting to request the signing of the labor contract, and if it is not signed and unwilling to sign the communication record, it can be signed by other personnel attending the meeting;

2. Take this communication record and signature certificate to the labor department under its jurisdiction, and there are two ways to do it:

All the company's insurance records are complete, and an application for assistance in solving the problem is submitted to the labor bureau, and the labor bureau will send a commissioner to the company to assist in the solution;

The company only wants to sign the contract, and at this time, it is to take the communication record to the labor bureau for the record; In case of problems, the Labor Bureau will not hold the enterprise responsible.

Signing a contract is a good thing for employees, and for employees who do not sign a contract, they should write an application for not wanting to sign a contract, and have a certificate for labor disputes that arise in the future.

Reluctance to sign a contract to re-recruit employees.

In fact, signing a labor contract is beneficial to employees, you should try to publicize to them, if they do not sign it, it will be unfavorable to the company, and you must pay double wages if you start a lawsuit, in this case, if you do not sign the employee, you will be dismissed as soon as possible within a month.

According to the provisions of the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, if the employee does not enter into a written labor contract with the employer within one month from the date of employment, after being notified in writing by the employer, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay economic compensation to the employee, but shall pay the labor remuneration for the actual working time to the employee in accordance with the law.

No, this is a violation of the labor law, which not only protects the worker, but also protects both the employer and the worker.

Article 5 of the Regulations for the Implementation of the Labor Contract Law stipulates that within one month from the date of employment, the employee shall not enter into a written labor contract with the employer after being notified in writing by the employer.

The employer shall notify the employee in writing to terminate the employment relationship, and shall not pay economic compensation to the employee, but shall pay the employee labor remuneration for the actual working time in accordance with the law.

Article 6 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 salary in accordance with Article 82 of the Labor Contract Law.

and make up 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.

What should I do if I don't have an employment contract?

1. If the unit does not sign the labor contract, it will be regarded as an indefinite term labor contract, and the employee will be fined wages, and the employee can negotiate if he does not sign it, and the contract will not be terminated. 2 You can sign an agreement, as long as the agreement is fair and legal, voluntary will be valid 3 You don't have to worry about social insurance, the insurance does not need to be paid by the employee, it has always been paid by the unit, your unit directly deducts a little from the employee's monthly salary to pay social insurance, your unit pays a part of it yourself, if the social insurance is not paid, you will pay more if something happens.

1. The labor contract must be signed, otherwise the enterprise will be very passive when there is a dispute later, because the new labor contract law is about to be implemented, and the starting point of signing the labor contract is of great benefit to the workers can be patiently communicated with the workers, and I think the workers will understand. The reason why workers are reluctant to sign is that they are afraid that their interests will not be protected, so you can communicate with workers more in this regard. 2. Social security is mandatory by the state and must be paid, and it is invalid to sign any agreement or not.

3. Employees' wages cannot be deducted, and even if employees leave without 30 days in advance, they can only deduct liquidated damages. Personal opinions, accept criticism and correction from experts

1. Legal Terms and Risks.

1. Legal provisions: To establish a labor relationship, a labor contract shall be signed. 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 use.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment. Article 10 of the Labor Contract Law stipulates.

2. Employment risk:

1) Article 82 of the Labor Contract Law 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.

2) Article 14 of 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.

Second, the company's response method.

1. For new employees, they can only go to work if they sign a labor contract immediately on the day of entry, and those who do not sign a labor contract will not be hired immediately.

2. For employees who have signed labor contracts, formulate a labor contract signing roster and let employees sign for receipt.

3. Some employees may be reluctant to sign a labor contract with the enterprise for some reason, but the enterprise needs such employees. It can be handled as follows:

1) Try to explain that signing the labor contract is to protect the person, and the term of the labor contract can be shortened, so that the person can sign the contract first, and then recruit replacement personnel as soon as possible;

2) If the employee is unwilling to sign the labor contract, the employer must require the employee to sign the "Declaration of Unwillingness to Sign the Labor Contract" and prove that it is the employee's own will not to sign the labor contract, and at the same time give up the compensation of double wages and the right to sign an indefinite labor contract, and bear the legal liabilities caused thereby;

3) On the notice board of the enterprise, the announcement that the enterprise has notified the employee to sign the labor contract, but the employee personally requests not to sign the labor contract;

4) At the same time, the labor union is required to issue relevant certificates to prove that the individual worker requests not to sign the labor contract.

4. For employees who are unwilling to sign the "Declaration of Non-Signing of Labor Contract", the enterprise must immediately terminate the labor relationship with them, so as to avoid unnecessary labor risks to the enterprise.

If the employee is unwilling to sign a written labor contract with the company, the employer shall notify the employee in writing to terminate the employment relationship.

1. If the employee does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay the employee economic compensation, but shall pay the employee the labor remuneration for his actual working time in accordance with the law.

2. 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 in accordance with Article 82 of the Labor Contract Law, and make up the 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.

1. Provisions on severance for failure to sign a contract.

1.The employee does not sign an employment contract with the employer. If the employee does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay economic compensation to the employee, but shall pay the employee the labor remuneration for his actual working time in accordance with the law.

2.The employer does not sign a labor contract with the worker. If the employee has worked for the employer for more than one month but less than one year, and the employer has not signed a written labor contract with the employee, the employer shall not only pay the employee double wages every month; In addition, the labor contract shall be signed with the employee.

Second, the company does not sign the contract how to compensate.

Compensation for the company's failure to sign the contract: The company shall pay double wages to the employee who has not signed the labor contract. If the employee does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay economic compensation to the employee, but shall pay the employee the labor remuneration for his actual working time in accordance with the law.

Labor Contract Law of the People's Republic of China

Article 5 If, within one month from the date of employment, the worker does not conclude a written labor contract with the employer after being notified in writing by the employer, the employer shall notify the worker in writing to terminate the labor relationship, and shall not pay economic compensation to the worker, but shall pay the worker the labor remuneration for his actual working time in accordance with the law.

Article 6 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. 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.

If the employee does not sign the contract, the employer shall notify the employee in writing to terminate the employment relationship without paying economic compensation to the employee. The employee does not conclude a written labor contract with the employer after being notified in writing by the employer within one month from the date of the employment judgment; The employer shall notify the employee in writing to terminate the employment relationship, and shall not pay economic compensation to the employee, but shall pay the employee labor remuneration for the actual working time in accordance with the law.

1. The company and the employee do not sign a labor contract.

The law 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 salary on a monthly basis from the day after the expiration of one month from the date of employment to the day before the written labor contract is supplementedand pay economic compensation in accordance with Article 47 of the Labor Contract Law of the People's Republic of China.

2. What are the precautions for enterprises to sign labor contracts?

1. 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 in accordance with the provisions of the Labor Contract Law and make up a written labor contract with the employee.

2. The salary of the worker during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

3. The employer shall pay the training expenses with vouchers for the professional and technical training of the worker, the travel expenses during the training period and other direct expenses incurred for the worker as a result of the training.

4. If a worker does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the worker in writing to terminate the labor relationship, and shall not pay economic compensation to the worker, but shall pay the worker remuneration for his actual working hours in accordance with the law.

5. If the term of the labor contract expires, but the service period between the employer and the employee has not expired according to the agreement, the labor contract shall be renewed until the expiration of the service period; If the parties agree otherwise, follow their agreement.

6. The employer and the employee shall not stipulate other conditions for the termination of the labor contract in addition to the circumstances of termination of the labor contract stipulated in the Labor Contract Law.