Can I get compensation for resigning after 3 years of working without a contract?

First of all, it is not a problem that your company has not signed an employment contract with you, and if you have not signed an employment contract for more than one year, it will be deemed to have established an indefinite employment contract. There is a de facto employment relationship between you and the company, so it is legally recognized. This is not a critical issue.

If the company dismisses you, then you need to be accompanied by severance and one month's salary after one year of service, but if you resign yourself, the company will not pay severance and you need to inform the company 30 days in advance, which you have done.

Secondly, the insurance should be given to you according to the labor law, if not, it is the company's violation, you can negotiate with the company when you leave the company, let the company give you appropriate compensation, if the negotiation fails, you can file arbitration with the relevant arbitration institutions, but the new arbitration law stipulates that there are restrictions on accepting cases, that is, the arbitration statute of limitations should be initiated within one year from the date of infringement of your rights or the date of the parties knowing, so it will be protected. You have been doing this for three years, and it is estimated that it is unlikely that you want to recover it through arbitration, so it is best to negotiate with the company.

In addition, although you do not have a salary slip, but the company's financial accounts must be accounted for, and the details can be found from the personnel department or the finance department.

If the employee resigns after 3 years of service without signing a labor contract, he shall be compensated as follows: twice the monthly salary of the employee shall be paid from the date on which the indefinite labor contract shall be concluded; In the case of any of the circumstances provided for in Article 46 of the Labor Contract Law, the severance shall be paid to the employee at the rate of one month's salary for each full year of the employee's service in the employer; If the employer dismisses the employee in violation of the law, it shall pay double the compensation on the basis of economic compensation.

1. Is it legal to terminate the contract during the probationary period?

The termination of the contract during the probationary period falls under Article 46 of the Labor Contract Law, and the employer shall pay economic compensation to the employee; In case of illegal termination, the employer shall pay double the compensation on the basis of economic compensation; In other cases, the employer does not need to compensate. 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.

2. What is the standard of dismissal compensation?

If the dismissal is an illegal termination of the labor contract by the employer, the employer shall pay compensation at twice the rate of economic compensation; Under one of the circumstances provided for in Article 46 of the Labor Contract Law, the employer shall pay the employee one month's salary for each full year of service in the employer. In other cases, the employer does not need to compensate.

The calculation method of the compensation amount for non-signing of the contract is that the employee shall be paid twice the monthly salary from the date of conclusion of the indefinite-term labor contract, and the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer.

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.

Article 46 of the Labor Contract Law of the People's Republic of China stipulates that 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 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 Article 40-Paragraph 1 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) Termination of 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.

Legal analysis: If you resign after 3 years of service without signing a labor contract, you will be compensated as follows: pay twice the monthly salary to the employee from the date on which the labor contract should be concluded without a fixed term; In the case of any of the circumstances provided for in Article 46 of the Labor Contract Law, the severance shall be paid to the employee at the rate of one month's salary for each full year of the employee's service in the employer; If the employer dismisses the employee in violation of the law, it shall pay double the compensation on the basis of economic compensation.

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 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 is aware of the termination of the labor contract in accordance with the provisions of Article 40-Paragraph 1 of this Law;

5) Except where the employer instructs the unit to maintain or improve 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) Termination of 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.

If the employee has not signed a labor contract after 3 years of service, the employee may request the employer to pay double the salary when he or she leaves the company, and if the employer does not pay, he may apply for labor arbitration. Article 10 of the Labor Contract Law of the People's Republic of China stipulates that 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. 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.

In the case that the employer does not sign an employment contract with the employee, the employee can use the following evidence to prove the existence of an employment relationship:

1) Social insurance records, social insurance payment records are a strong evidence to prove the existence of labor relations;

2) Payroll records, such as stamped pay slips and bank records of payroll cards;

3) Badges, access control cards, work permits, work cards or work record sheets (forms);

4) Proof of mortgage income and tax payment, and the company can issue a certificate of income on the grounds of a loan for buying a house or a car;

5) Time card, preferably original, and with the company's official seal;

6) Proof of payment of wages, written proof of arrears of wages, etc., preferably original;

7) Commercial contracts, documents, power of attorney, corresponding evidence of business trips, etc., preferably originals;

8) Work records, corresponding evidence of business trips, etc., preferably originals;

9) Records of complaints filed by the labor inspection department;

10) Witness testimony of colleagues, preferably by incumbent colleagues;

11) Recordings. In order to achieve the success of the claim, it is not enough to prove the labor contract relationship between the two parties, but also to prove the employee's labor and bank capital, working years, etc., which need to be comprehensively considered, arranged as a whole, and worked carefully. In the case of the above evidence, sometimes it cannot be said that it will definitely be administered by the arbitration commission, and it is necessary to combine the evidence submitted by the other party, use the rules of evidence, and litigation skills to achieve their own claims by the court or arbitration commission.

If you are dismissed without a contract for three years, you can ask for double wages and, in certain cases, compensation. If the employer does not sign the contract, it is a violation of the Labor Contract Law, and the employee may request the employer to pay twice the salary from the day after the contract has not been signed for one month, up to a maximum of 11 months, and sign a supplementary contract. If the employer dismisses the employee without reason without signing a contract, it is an illegal act, and in addition to double the salary, it is also necessary to pay economic compensation, which is based on the employee's working years in the unit and pays one month's salary every year; If it is half a year but less than one year, it will be paid as one year, and if it is less than half a year, it will be paid on the same as half a year.

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.

Labor Contract Law

Article 36.

The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

Labor Contract Law

Article 37.

The employee shall notify the employer in writing 30 days in advance, and the employee may terminate the labor contract by guessing that the loss is high. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Labor Contract Law

Article 38.

The employee may terminate the labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law.

Legal Analysis: It is possible to ask the employer for 11 months of double wages.

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

Article 82 [Legal Liability for Failure to Conclude a Written Labor Contract] 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 the employer violates the provisions of this Law by not concluding an indefinite labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the labor contract with no fixed term should be concluded.