The boss doesn t sign the contract, and we should do it at the beginning

1. You can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, economic compensation, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

2. In labor disputes, it is key to have evidence to prove the labor relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimonies (resigned and in-service can be used), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc.; Of course, it is possible to apply for labor arbitration without evidence, but there is a risk of losing the lawsuit;

3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license (registration information is not required in Beijing)! After the case is filed, **, and then mediated, and the arbitration committee fails to issue an award if the mediation fails;

4. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees. During the application for labor arbitration, you will not be delayed to work in the new unit!

5. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law and Article 1 of the Labor Contract Law!

Can you apply for an employee law and explain to your boss that it really can't be done? Indict.

Legal analysis: First, if there is no labor contract to prove the establishment of an employment relationship, a wage payment certificate or record (employee payroll roster) is required; Records of the company's payment of social insurance premiums; The "job" issued by the employer to the employee"service card" and other documents that can prove identity; Recruitment records such as the "registration form" and "registration form" filled in by the employee; The company's attendance record sheet; Wait a minute. Secondly, if you report to the labor administrative department, you can also apply for arbitration directly in a closed position.

If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the Ministry of Labor Administration shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

If the boss doesn't sign a contract with me, the worker can ask for it. If the employer insists on not signing, the worker may request that the employer pay twice the monthly salary for more than one month but less than one year from the date of employment.

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.

Article 5 of the Law of the People's Republic of China on Arbitration and Mediation of Labor Disputes.

In the event of a labor dispute, if the parties are unwilling to negotiate, the negotiation fails, or they do not perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal analysis: If the employer fails to sign a labor contract due to the fault of the employer, if the employer does not sign the labor contract for more than one month but less than one year, it is necessary to pay twice the salary to the employee. If the employer has not signed a labor contract to determine the wage standard, the employer shall pay the wages according to the equal pay for equal work, and if the wages are deducted, the employer may choose to file a complaint with the labor inspection department or directly apply for labor arbitration to protect its rights.

Legal basis: Labor contract of the People's Republic of China is like a rough law》 Article 10 To establish a labor relationship, a written labor contract shall be concluded. 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.

Migrant workers working for private employers without a contract can file a complaint with the labor inspection department. If the boss of the worker who has not signed the contract does not pay the salary, the worker can bring the work permit, salary card transaction records, wage slips, tooling with the name of the company and other evidence materials to the labor bureau to apply for arbitration.

OneWhat should I do if a migrant worker works for a private boss without a contract?

Migrant workers working for private employers without a contract can file a complaint with the labor inspection department. Please be reminded that even if there is no contract, but the labor relationship is real, and the employer's failure to pay the employee's wages on time or in insufficient amount is an illegal act and can be resolved through the labor and social security inspection department or the court.

IIWhat should I do if the boss of the worker who has not signed the contract does not pay the salary

If the employer has not signed a labor contract with the employee and does not pay the employee's wages, the employee can look for proof of the existence of an employment relationship with the employer, such as: work permit or work card (preferably with official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for the employee, attendance records, social insurance payment records, work orders, and colleague testimonies (both resigned and in-service are acceptable), As long as the employment relationship between the two parties is proved, the employee may apply for labor arbitration and require the employer to pay double the wages for the unsigned labor contract, and the employee may request the employer to pay double the wages for the unsigned labor contract from the second month.

IIIIs there any compensation for resigning without a labor contract?

There is compensation for resignation without a labor contract. If more than one month has elapsed since the date of employment of the employer, compensation is available. 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.

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.

Article 85 of the Labor Contract Law.

In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2. Shouting for defeat) is lower than the local minimum wage standard to pay the wages of the laborer;

(3) Arrange overtime work without paying overtime pay;

(4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.