What should I do if the boss doesn t sign the labor contract?

Article 7 of the Labor Contract Law The employer shall establish an employment relationship with the employee from the date of employment.

Article 10 of the Labor Contract Law A written labor contract shall be concluded to establish a labor relationship.

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.

Article 6 of the Regulations for the Implementation of the Labor Contract Law 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 conclude 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 damage caused to the employee is caused, the employer shall be liable for compensation. If the employee loses money if he or she fails to sign the labor contract and fails to explain the hidden dangers of the work, the company's regulations, etc., the employer shall be liable for compensation.

The labor law stipulates that the company shall sign an employment contract with the employee one month after the employee's employment, and if it does not sign an employment contract with the employee after one month, it shall pay the employee double wages every month from the second month as compensation.

Legal analysis: If the employer does not sign a labor contract with the employee, the employee can ask the boss for double wages. According to the relevant 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 wage.

If the employee wants to resign during this period, he or she can resign at any time.

Legal basis: Labor Contract Law of the People's Republic of China

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 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time. The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if the worker proposes or agrees to renew or conclude the labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years; (2) When the employer implements the labor contract system for the first time or reconcludes a labor contract after the restructuring of a state-owned enterprise, the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age; (3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. 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.

It is a violation of the Labor Contract Law to use employees to work without signing a labor contract, and they can complain to the local labor security department.

If you do not sign a labor contract, you will be paid double the salary from one month to the second one, and it will be regarded as an indefinite labor contract after one year.

In this case, I think it's better for you to choose to leave, because the boss is not willing to sign the labor contract, and it will be more troublesome if there is any dispute.

1.There is a right to apply for arbitration. If you have a dispute with the company due to the conclusion of labor contract, social insurance, or resignation, you can apply to the local labor dispute arbitration commission for arbitration (free of charge) in accordance with the provisions of Article 2 (2, 3 and 4) of the Labor Dispute Mediation and Arbitration Law.

2. If there is no labor contract, the company has violated the law first, and should bear legal responsibility in accordance with Article 82 of the Labor Contract Law, and shall pay you twice the monthly salary and make up a written labor contract with you. The company will pay you twice the monthly salary from 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 re-signed. As long as you defend your rights, you can get your hard-earned money.

3. You shall submit a written application for arbitration and submit a copy in accordance with the respondent (employer). The application for arbitration shall contain the following particulars: (1) the name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or the principal responsible person omitted; (2) the claim for arbitration and the facts and reasons on which it is based; (3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party. 4. The bank card and attendance in your state are evidence. If the company has not signed a labor contract with you, you can refer to the following documents when determining the existence of an employment relationship between the two parties:

Wage payment vouchers or records (employee payslips) and records of payment of various social insurance premiums; "Work Permit", "Service Certificate" and other documents issued by the employer to the employee that can prove the employee's identity; Recruitment records such as the employer's recruitment and recruitment "registration form" and "registration form" filled in by the employee; attendance records; Testimonies of other workers, etc. The employer shall bear the burden of proof for the relevant documents of item and item.