The maximum amount of double salary compensation for not entering into a contract

I've heard your argument that the compensation is only for 11 months, but I think it's a deliberate misinterpretation of the Labor Contract Law to reduce the burden on companies.

If an employment contract is signed after one year, a compensation of 11 months will be paid. If the shareholder still does not sign the contract during the period, in accordance with the provisions of the Labor Contract Law, he or she shall continue to compensate double wages from the date on which the labor contract should have been signed but did not sign the labor contract.

The purpose of the double fine in the labor contract is to urge the employer to sign the labor contract with the employee, and if the penalty is only 11 months, then the enterprise can completely evade this provision of the law at the cost of 11 months of double wages. In other words, this provision of the Labor Contract Law is nothing more than a clause of the law on the sale of goods with the employer, so that as long as 11 months' wages are paid, they will not be subject to the law, and they can also ignore the law and the purpose achieved. This is a typical misinterpretation of the law to justify the reduction of the punishment of the unit.

1. If you do not sign a contract, you can get double salary. According to Article 82 of the Labor Contract Law, "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." ”

2. Compensation can be obtained for illegal termination. According to Article 87 of the Labor Contract Law, "if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law." ”

3. If you have not paid social security, you can go to the Social Security Bureau to ask the enterprise to make up the payment.

4. If wages are deducted (or understood as failure to pay labor remuneration in time and in full), additional compensation can be obtained, but the premise is that the labor administrative department orders the enterprise to pay within a time limit, and the enterprise fails to pay within the time limit. According to Article 85 of the Labor Contract Law, "if an employer falls under any of the following circumstances, the labor administrative department shall order it 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."

You can file a complaint through the local labor and social security department (the Labor Inspection Brigade of the Labor Bureau and the Social Security Audit Department of the Social Security Bureau) or apply to the Labor Dispute Arbitration Commission for arbitration.

Hello: 1. Only 11 months' salary will be compensated, and it must be claimed in time, otherwise the statute of limitations for arbitration is likely to expire. For example, if you have joined the company since January 1, 2008, the double salary period is from February 1, 2008 to December 31, 2008.

Whether or not arbitration can be asserted at present may be different in different places.

After the year, it is considered that an indefinite contract has been signed. "It doesn't matter if you sign it or not? This question is worth considering on both sides: whether the unit is willing to violate the law like this; Whether the worker still wants to stay in such a company.

Legal Analysis: No. Disturbing the spring is to pay the stool seepage salary.

Basic salary + bonuses, benefits, etc. If the employer does not sign a labor contract with the employee for more than one month, it shall pay the employee twice the monthly salary from the second month to one year. According to the laws of the People's Republic of China, 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.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China 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.

Legal Analysis: If the employer does not sign a labor contract with the employee for more than one month from the date of employment, it is required to pay the employee double the monthly wage.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus and good faith. 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 an agreement before the negotiation is made.