If you don t have a business license and don t have a formal company, the boss needs to sign a contr

Then let me ask you if you don't even have a business license, what name did the boss sign the contract with you? Individual? It's still a company, if it's a company, first of all, this is deception, so is there any insurance money or something?

Enterprises and individual businesses are required to sign labor contracts with employees and pay social insurance.

Of course, you have to sign it, no matter what, as long as you have a contract, the labor and social security department will protect your legitimate rights and interests, as for the business license, that's the boss's problem.

If you don't have anything, you can't sign a formal labor contract (you can't sign it without a business license or even a seal), if it's a labor and employment relationship, the contract signed is a civil contract and is no longer within the scope of labor law supervision, please refer to the civil law. You cannot apply for social insurance without signing an employment contract.

As long as the employer does not meet the requirements of the Labor Contract Law, it cannot constitute an employment relationship.

If there is nothing, and there is no guarantee in the future, don't sign it.

1. Except for the service period and confidentiality clauses, liquidated damages shall not be agreed upon in other circumstances;

2. Should be responsible for insurance.

Because there is no license, it is an illegal business behavior, and the illegal and criminal acts of the employer that does not have legal business qualifications will be investigated for legal responsibility in accordance with the law; If a worker has already paid for his or her work, the unit or its contributor shall pay the worker labor remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.

When you sign a contract, you can leave evidence, so it is beneficial for you to sign the contract.

Legal analysis: It depends on what kind of identity the contract is signed, if it is signed by an individual loser, it does not matter whether there is a business license or not. If the contract is signed in the name of the company or individual industrial and commercial households, it is an invalid contract, and it will be regarded as contract fraud in serious cases, because the institution needs to seal the contract to sign the contract, or the other party wants to see the business license, and it involves forgery of official seals, forgery of business licenses and other criminal acts.

Generally speaking, it is illegal to operate without a business license, and it is invalid and illegal to sign a contract in the name of a person without a legal business identity.

Legal basis: Article 14 of the Company Law of the People's Republic of China A company may establish a branch. To establish a branch, it is necessary to apply for registration with the company registration authority and obtain a business license.

The branch does not have the status of a legal person, and its civil liability is borne by the company. A company may establish a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the law.

Legal Analysis: The judicial interpretation made by the Supreme People's Court is that a branch of a legal person is established in accordance with the law and has obtained a business license, so although the branch does not have the status of a legal person, it has the qualification of an independent litigation subject. Its civil liability shall be borne by the head office.

China's "Company Law" stipulates that a company can set up a branch. To set up a branch, it shall be registered with the company registration authority and obtain a business license. A branch office does not have legal personality, and its civil liability is borne by the company.

Therefore, a branch office does not have a separate legal personality.

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

Article 3 The principles of legality, fairness, equality, voluntariness, consensus, and good faith shall be followed in the conclusion of labor agreements. 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 the employer and the employee conclude a labor contract before employment, the employment 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.

How to sign a contract without a business license It depends on what kind of capacity you signed the contract, if it is signed by an individual, it doesn't matter if you have a business license or not. If the contract is signed in the name of the company or individual industrial and commercial households, it is an invalid contract, and it will be regarded as contract fraud in serious cases, because the institution needs to seal the contract to sign the contract, or the other party wants to see the business license, and it involves forgery of official seals, forgery of business licenses and other criminal acts. Generally speaking, operating without a business license is already illegal, and signing a contract in the name of not having a legal business identity is invalid and illegal. Macro touch.