If you don t sign a labor contract for one month after joining the company, how to solve the problem

Since there is no evidence to prove that the other party maliciously did not sign a labor contract with you, it is estimated that you will have to pay tuition. My experience is that in this case, the employee must first sign and approve that the contract is not signed for his own reasons, otherwise he will not be appointed. Many employees who do not sign contracts themselves have reasons that cannot be revealed.

In addition, the reason for the dismissal of your unit should also be particular, and the design of the registration form at the time of entry can also be more particular.

1. In accordance with 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.

The employer has the obligation to sign a labor contract with the employee.

2. According to Article 82 of the Labor Contract Law of the People's Republic of China, 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 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.

Therefore, the employee can file a labor arbitration with the labor arbitration commission and request the employer to pay double wages.

Legal analysis: 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, the legal basis: Yunqing "Labor Contract Law of the People's Republic of China" Article 82 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 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 two times the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

If the employer fails to sign a labor travel contract within one month, the employer will compensate double the salary from the next month. According to the law, as long as an employer engages in employment and forms an employment relationship with an employee, even if the employee has not signed a labor contract, the employee enjoys all the rights stipulated in the labor law, and the employer also has all the obligations under the law. If the contract is not signed after repeated urgings, the employee may file a complaint with the labour inspectorate.

1. How to compensate for not signing a labor contract within one month of employment?

According to the law, as long as the employer has engaged in employment and formed an employment relationship with the employee, even if the employee has not signed a labor contract, the employee enjoys all the rights stipulated in the labor law, and the employer also bears all obligations under the labor law. Among them, the payment of various social insurance premiums in accordance with the law is a mandatory legal obligation that cannot be exempted from the employer. If the employer fails to pay social insurance premiums, the employee can file a complaint with the labor inspection department, which can order the employer to pay the premiums, or even apply to the court for compulsory enforcement and impose penalties on the employer.

The company shall sign a written labor contract with the employee within one month from the employee's employment, and agree on a probationary period when signing the contract. If there is no written employment contract, the employee shall be paid double wages from the second month.

According to the law, if the two parties do not sign a written labor contract, the employer shall pay severance to the employee in accordance with the law when terminating or dissolving the employment relationship, and if the severance is not paid in accordance with the law, it shall also need to pay additional severance payment. However, if an employment contract is signed, the employer and the employee are not required to pay any severance when the employment contract is terminated upon the expiration of the employment contract.

2. What are the basic terms of the labor contract?

1. The name, domicile and legal representative or main person in charge of the employer.

2. The worker's name, address and resident ID card or other valid ID number.

3. The term of the labor contract.

4. Work content and work location;

5. Working hours, rest and vacation.

6. Labor remuneration;

7. Social insurance.

8. Labor protection, working conditions and occupational hazard protection.

9. Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

To sum up, after the employee joins the company, there is a month for both parties to enter into a written employment contract. If the contract is not signed after the specified time limit, the unit will bear the liability for breach of contract and pay double wages. If the contract has not been signed for more than one year, the two parties shall establish an indefinite labor contract, so that if the employer terminates the labor relationship at will, it will have to bear more compensation.

If the employer does not sign a written labor contract with the employee one month after joining the employer, the employee may apply for labor arbitration to demand payment of double wages starting from the second month of employment.

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then the first hearing, after which the two parties will be mediated, and the arbitration committee will issue an award if the mediation fails; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. It is possible to ask professionals to provide remote guidance services and write legal documents such as labor arbitration applications and evidence lists without inviting local lawyers. In addition, during the application for labor arbitration, the employee will not be delayed to work in the new unit.

1. What should I pay attention to when signing a labor contract?

1. The time when the labor contract was signed.

A written labor contract can be concluded within one month from the date of employment. Otherwise, the employer must pay the employee double wages. If a written labor contract has not been signed with the employee for more than one year from the date of employment, it shall be deemed that the two parties have formed an indefinite labor contract.

2. The term of the labor contract.

There are three types of labor contracts: those with a fixed term, those with an indefinite term, and those with a certain period of work. Therefore, when signing the labor contract, the employer and the employee should negotiate and determine the term of the labor contract according to the needs of both parties.

At the same time, if there is an agreement on a probationary period, the probationary period is included in the term of the employment contract, and if the employment contract only stipulates a probationary period, the probationary period is not established, and the period is the term of the employment contract. In addition, if the labor contract is for the completion of a certain amount of work or the term of the labor contract is less than 3 months, the probationary period shall not be agreed upon in accordance with the provisions of the Labor Contract Law.

3. Special attention should be paid to part-time employment.

1) Part-time workers generally work no more than 4 hours per day in the same employer. The cumulative working hours per week shall not exceed 24 hours.

2) Probationary period shall not be agreed upon for part-time employment.

3) The hourly remuneration standard for part-time employment shall not be lower than the minimum hourly wage standard.

4) The settlement and payment period of part-time employment shall not exceed 15 days.