Regarding the dismissal of employees who have not signed an employment contract

If you do not sign a labor contract, the employer shall pay you double your salary, make up social security and pay economic compensation from the second month. The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 6 of the Law on Mediation and Arbitration of Labor Disputes stipulates that "in the event of a labor dispute, the parties shall have the responsibility to provide evidence for their claims.

If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences. Paragraph 2 of Article 39 stipulates that: "If the employee is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitral tribunal may require the employer to provide such evidence within a specified time limit."

If the employer fails to provide it within the specified time limit, it shall bear the adverse consequences." Article 13 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases clearly stipulates that the employer shall bear the burden of proof in the event of a labor dispute arising from an employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc.

The Ministry of Labor and Social Security's Circular on Matters Concerning the Establishment of Labor Relations stipulates that "the burden of proof shall be borne by the employer for wage payment vouchers, social security records, recruitment registration forms, registration forms, and attendance records".

It is recommended that you read the "Labor Law", "Labor Contract Law" and "Regulations for the Implementation of the Labor Contract Law", so that you can know what aspects the employer has violated your rights and interests, and only then can you more comprehensively protect your legitimate rights and interests, which will benefit you for a lifetime.

1. Information to be prepared:

2. You can show evidence of labor relations with the employer, including documentary evidence, physical evidence, personal evidence, etc.

3. A copy of your ID card.

4. A copy of the employer's business license or the machine-readable file of the employer queried by the Industrial and Commercial Bureau (you can check it with your ID card).

2. How to file a claim for compensation with the labor department.

Instead of filing a claim for compensation with the labor department, the demand is made to the employer, which will be mediated or arbitrated by the labor department.

3. If the factory pays wages (without compensation), should it be received first.

You can receive it first, and signing to receive the salary only indicates how much money you receive, and does not mean that you recognize this number. If there is something that you don't approve of, you can cross out the item you don't approve of and then sign to receive the money, if you don't give it to refuse to sign.

Fourth, if compensation is proposed, how much time will it take for the labor department to deal with it.

Article 29 of the Law on Mediation and Arbitration of Labor Disputes, a decision on acceptance or non-acceptance shall be made within five days; Article 43 provides for 45 days from acceptance to closure, with a maximum of 60 days. Article 53, Arbitration is free of charge.

You'll be compensated with eight months of double pay.

According to the provisions of the Labor Contract Law, if the company fails to sign a labor contract with an employee for more than one month, the employee shall be compensated with double wages from the second month.

As long as you can have evidence to prove that the company has not signed a contract with you, you can request compensation from the labor department at any time, and the labor department will deal with it in a timely manner.

The compensation company will pay you a lump sum.

Hello! 1. You need evidence that can prove the de facto labor relationship, salary slips and social security information are the best, followed by factory certificates and brand plates;

2. You should first submit your request for economic compensation to the personnel department of the employer, if the negotiation fails, please write an application and apply for arbitration at the Labor Dispute Arbitration Unit of the Local Social Security Bureau;

3. You can get it first, but don't sign other documents;

4. Within one month.

If an employer dismisses an employee without signing a written labor contract, if the dismissal is without fault, the employer shall compensate the employee with one month's salary for each year of service in the employer, and if the employee dismisses the employee without fault, the employer shall compensate the employee for one month's salary for each year of service in the employer, and if the employee dismisses the employee for more than six months but less than one year, it shall be counted as one year. Less than six months to compensate for half a high monthly salary. In the case of wrongful dismissal, no compensation is required; If the dismissal is unlawful, the compensation shall be paid at double the standard of economic compensation.

In addition, employees can also be held accountable for not signing a contract in accordance with the law.

Article 46 of the Labor Contract Law The employer shall pay economic compensation to the employee under any of the following circumstances: (1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; Qi faction (7) Other circumstances provided for by laws and administrative regulations.

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 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.

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. 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.

Legal Analysis: As long as there is a de facto employment relationship, even if there is no written employment contract, the employer needs to compensate the employee in accordance with the law. The standard of compensation is one month's salary for each year of service, and one year for more than six months and less than one year.

Half a month's salary will be compensated for less than six months.

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. 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 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 an employer and an employee conclude a labor contract before employing the employee, the labor relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal analysis: If the employer does not sign a labor contract and dismisses the employee, if the employer does not sign the labor contract, the employee can claim double wages starting from the next month from the date of employment, and if the employer has not signed a written labor contract with the employee for more than one month and less than one year from the date of employment, the employee can claim double wages for 11 months; If the employer dismisses the employee during the period when the labor contract has not been signed, the double salary shall be calculated until the termination of the labor relationship.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and agrees to terminate the labor contract through consultation with the labor chain tenant;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of paragraph 1 of Article 41 of this Law;

(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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

(6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.