The company does not sign a contract after working for two years, how to protect yourself under the

The employer may be required to make up the contract and pay double the salary, and the employer may also terminate the labor relationship at any time and claim economic compensation.

1. Supplement the contract and pay double the salary.

According to Article 82 of the Labor Contract Law and Articles 6 and 7 of the Regulations for the Implementation of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee after one month of employment, it shall pay the employee twice the salary from the day after the expiration of one month. If the employee has not signed the contract for one month but less than one year, he shall be paid twice the salary from the day after the completion of one month to the day before the written labor contract is supplemented; If the employee has not signed the contract for one year, it shall be deemed that the labor contract with no fixed term has been concluded, and the formalities shall be completed immediately, and double the salary shall be paid from the day after the expiration of one month to the day before the expiration of one year, for a total of 11 months.

The employee shall claim double wages in a timely manner to avoid being overextended by the statute of limitations for arbitration and not being supported by law. According to Article 27 of the Law on Arbitration and Mediation of Labor Disputes, the statute of limitations for labor dispute arbitration is one year, calculated from the date on which the rights were known or should have been known.

2. Terminate the contract at any time and claim economic compensation.

If the contract has not been signed for one month, it violates the mandatory provisions of Article 10 of the Labor Contract 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", which is a situation where "the employer violates the mandatory provisions of laws and administrative regulations" as stipulated in Article 18 (10) of the Regulations for the Implementation of the Labor Contract Law, and falls under Article 38 (6) of the Labor Contract Law). In other circumstances where the administrative regulations stipulate that the employee may terminate the labor contract", the employee may notify the employer of the termination of the contract at any time, and claim one month's salary and economic compensation for each year of the employee's working years in accordance with the provisions of Article 46 (1) and Article 47 of the Labor Contract Law.

If an employee terminates the contract on the grounds that the employer has not signed the contract and has violated the law for one month, claims severance and double wages, complains to the labor inspectorate or applies for labor dispute arbitration relief, he or she needs to submit evidence of the de facto labor relationship. According to Article 2 of the Notice of the Ministry of Labor on Matters Concerning the Establishment of Labor Relations (Labor Law [2005] No. 12), when determining the existence of an employment relationship between the two parties, reference can be made to: wage payment vouchers or records (employee wage payment roster) 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 "registration form" and "registration form" filled in by the employee; attendance records; Testimonies of other workers, etc.

Among them, the employee shall provide evidence of the work permit, service certificate and other documents that can prove the identity and witness testimony, and the employer shall provide the rest.

3 and a half months' average salary (monthly salary = 12 earnings for the year).

On this issue, the Labor Contract Law has clear provisions:

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.

If you have an actual employment relationship with the company and have not signed a written contract for more than one year, you are deemed to have signed an indefinite employment contract.

You can report to the local labor insurance department and ask for corresponding compensation for double wages for the part that has not been signed for more than one month.

According to the analysis you said, you worked in the unit from 07 and renewed your contract in 08, and in 09 you did not agree to the unit's request for a salary reduction and did not sign a contract. From the second month of your contract in '09, the company should pay double the salary. If the company does not sign it this year, it can be considered that it has signed an indefinite contract, and double wages will be paid.

Now if the company dismisses you, you can ask for severance payments for 08 years, which is the salary at the end of the month; Double salary at the end of eleven months in '09. You should first report to the labor and social security department, and if you can't do it, you can go to the labor dispute arbitration commission to apply for arbitration, but it is more troublesome.

Fight a lawsuit with them! Find a place where you can reason.

Legal Analysis: Employees who have not signed an employment contract are also protected by the norms of the labor law. Because the relevant norms of the Labor Law protect the employee, the criterion for determining it is whether an employment relationship has been established with the employer, not whether the two parties have signed a written employment contract.

As long as it is determined that an employment relationship is constituted, it is naturally the object of protection under the labor law. The law stipulates that employers must sign a written labor contract with employees, and those who violate the regulations will be subject to administrative penalties.

Legal basis: Article 1 of the Labor Law of the People's Republic of China This Law is enacted in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress.

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

Negotiate with the company to re-sign the labor contract, and negotiate the invalid labor department to arbitrate. 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 violates the relevant laws and regulations by not entering into an indefinite-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

1. How to prove the existence of an employment relationship without an employment contract?

If an employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances, the employment relationship shall be established.

1. The employer and the worker meet the subject qualifications stipulated by laws and regulations;

2. The labor rules and regulations formulated by the employer in accordance with the law are applicable to the laborers, and the laborers are subject to the labor management of the employer and engage in paid labor arranged by the employer;

3. The labor provided by the worker is an integral part of the employer's business.

As long as the above three conditions are met, it is an employment relationship.

2. What should I do if the employer refuses to sign the labor contract?

1. In the case of illegal acts, the employee can leave the job at any time without prior notice, and the unit shall go through the resignation procedures for the employee, including issuing a resignation certificate, handling the transfer of household registration and files, etc.

2. It is recommended to settle the matter through negotiation, and if the negotiation fails, you can apply for labor arbitration, and the application for labor arbitration shall be applied to the labor arbitration commission in the place where the unit is registered. It is also reasonable to entrust a lawyer to handle the arbitration on your behalf.

3. After the employee joins the company, he should urge the unit to sign the labor contract. Although there are not many cases where employees do not sign labor contracts for one year after joining the company, they also exist. At this time, the employee can claim double the salary compensation for up to 11 months from the employer, and can terminate the employment relationship on his own.

If the employer refuses to pay compensation, the employee can file a complaint with the labor and social security department or apply for labor arbitration.