If I have not signed a labor contract for more than 2 years, can I apply for labor arbitration and h

Hello! You can go to the labor inspection brigade to complain or apply for labor arbitration!

Requests: 1. Ruling to determine the employment relationship between you and the employer;

2. Order the unit to pay double wages for the period of one month but less than one year without signing the labor contract; (11 months of double salary).

3. Order the unit to pay severance for illegal termination of labor relations;

4. Pay social insurance premiums for 2 years of work.

Legal basis: Determination of labor relationship: If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

Double pay basis:

Article 82 of the Labor Contract Law:

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.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. 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 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Endowment insurance is a legal obligation of the unit, and supplementary payment is required.

Hope it helps!!

If there is evidence to prove that the unit was terminated illegally, it can claim compensation.

According to Article 39 of the Labor Contract Law, if the employer has not signed a labor contract with the employee, or if the employee and the employer have a dispute over the labor contract and cannot prove the employment relationship, the employer shall compensate the employee for economic losses at a rate not less than twice the employee's salary in the most recent year. If the worker's wages are irregular, he or she shall be compensated for economic losses at three times the most recent month's wage.

Therefore, if the employment contract has not been signed for two years, the employer is required to compensate the employee for economic losses not less than twice the employee's salary in the most recent year. If the wages of the employees are irregular, the compensation will be three times the salary of the most recent month.

1. Employees who have not signed a labor contract shall be compensated with double wages.

Article 82 of the Labor Contract Law: If the employer is in the same position as the employee for more than one month but less than one year from the date of employment, it shall pay the employee two times the monthly wages of the medium-sized employee.

2. Economic compensation should be paid to employees who have not signed labor contracts.

During the one-month "grace period", if the employer terminates the labor contract due to the employee's failure to sign a written labor contract, the employer may not pay economic compensation, and if the employee does not sign a written labor contract and the employer terminates the labor contract for more than one month, the employer shall pay economic compensation in accordance with the law.

1. Do you leave your job at any time without signing a labor contract?

If there is no written labor contract, the employee can terminate the labor relationship at any time without having to sell the labor relationship 30 days in advance.

2. Pay compensation for double wages for unsigned labor contracts.

Article 82 of the Labor Contract Law stipulates that if the employer is located in the same position as 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.

The risk of the establishment of the conditions of an indefinite-term employment contract.

Paragraph 3 of Article 14 of the Labor Contract Law stipulates that if an employer does not conclude a written labor contract with an 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. In other words, after the implementation of the Labor Contract Law, if the employer does not sign a written labor contract with the employee for more than one year, it will be deemed that the two parties have signed an indefinite labor contract.