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1. If you have not signed a labor contract, it is not your responsibility that the unit violates the law, and you can terminate the labor relationship in accordance with Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law. 2. Write a resignation notice "Because the employer does not sign the labor contract and the legitimate rights and interests of the employee are not protected, the resignation is hereby notified to the employer", and let the unit sign the harvest letter and deliver it without the approval of the unit. 3. In the notice, you can also request the unit:
First, in accordance with the provisions of Article 82 of the Labor Contract Law, double wages shall be paid one month after the date of employment; Second, in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law, one month's salary for each year of work shall be paid; Third, the employer is required to go through the relevant resignation procedures and pay the relevant expenses on time in accordance with the provisions of Article 50 of the Labor Contract Law. 4. If the unit does not fulfill its responsibilities according to the above requirements and does not pay the relevant fees, you can only apply for labor arbitration (no fees, no lawyers) to the local labor administrative department, and claim compensation from the company through the award issued by labor arbitration. 5. During arbitration, you can try to collect some relevant evidence, as long as you can prove that you have worked in this company any evidence, which is conducive to ruling, it does not matter, according to Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings and Article 6 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, the main responsibility for proof in labor dispute cases lies with the employer, and the employer will be ordered to present relevant evidence, so you do not have to worry.
6. In addition, according to the provisions of the Notice on Matters Concerning the Establishment of Labor Relations issued by the Ministry of Labor and Social Affairs No. 12 of 2005, 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 wage payment roster) and records of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity; (3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment 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).
As long as you have any evidence of working in the company, your work permit or the testimony of your colleagues is enough to prove the establishment of the employment relationship!
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You can apply for labor arbitration from the Labor Department's Sales and Finger Movement Bureau. The employee can apply for resignation, and the company cannot unreasonably detain the employee. Moreover, it is illegal for the company to not sign a labor fight Zheng Dong contract, and you can also apply for double wages.
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OK. If you do not sign a labor contract, you can report and complain to the Labor Bureau. The worker may submit evidence to the local labor administrative department that can prove the existence of an employment relationship, and request the employer to pay the employee twice the monthly salary for a period of more than one month but less than one year from the date of employment.
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 issued by the employer to the employee;
3. Recruitment records such as the "registration form" and "branch registration form" filled in by the employee;
4. Attendance records;
5. Testimony of other workers, etc.
Responsibilities of the Labor and Social Security Administration:
1. Publicize labor security laws, regulations and rules, and urge employers to implement them;
2. Inspect the employer's compliance with labor security laws, regulations and rules;
3. Accept reports and complaints about violations of labor security laws, regulations or rules;
4. Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.
Legal basis
Regulations on the Supervision of Labor and Social Security
Article 9 Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security.
The administrative department for labor and social security shall keep the informant confidential; Whistleblowers who report truthfully and provide major clues and evidence for the investigation and punishment of major violations of labor security laws, regulations or rules will be rewarded.
Labor Contract Law of the People's Republic of China
Article 82.
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.
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Legal analysis: You can apply to the Labor Bureau for labor arbitration. The employee can apply for resignation, and the company cannot sue for unreasonable detention of the employee.
Moreover, it is illegal for the company to not sign a labor contract, and you can also apply for double wages, and if the company pays social security, you can also apply for supplementary payment. The 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.
Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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Hello, there are two choices, one is to continue to do it, and the other is to file a complaint with the labor department or labor arbitration. If you choose the latter, you can express your firm position to the boss, and then you can leave the job immediately and ask the boss to settle the salary (the law stipulates that if the employer does not sign a labor contract with the employee, the employee can terminate the labor relationship at any time without the approval of the employer).
If your boss does not pay you, you can file a complaint with the labour department. Your complaint is:
1.Failure to sign an employment contract and request for double wages;
2.If the salary has not been paid after resignation, the employee shall request immediate payment and additional severance payment;
3.Severance payments.
Legal basis: Articles 38, 46 and 82 of the Labor Contract Law.
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Summary. Hello, you can sue the Labor Bureau and apply for labor arbitration.
Although there is no employment contract, but the two parties already have an actual employment relationship, and the absence of a contract indicates that the employer has violated the law, the employee may announce his resignation at any time and demand the employer to pay economic compensation.
In accordance with Article 10 of the Labor Contract Law, a written labor contract shall be concluded to establish an employment 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.
Hope it helps.
I work in a small factory and don't sign a labor contract, and I want to resign and my boss doesn't approve it, what should I do? Can I sue the Labor Bureau?
Hello, you can sue the Labor Bureau and apply for labor arbitration. Although there is no employment contract, the two parties have already had an actual employment relationship and have not signed a contract, indicating that the employer has violated the law, and the employee may resign at any time and demand the employer to pay economic compensation. In accordance with Article 10 of the Labor Contract Law, a written labor contract shall be concluded to establish an employment relationship.
If a labor relationship has been established and Senqin has not signed a written labor contract at the same time, a written labor contract shall be concluded within one month from the date of employment. Hope it helps.
What if the Labor Bureau doesn't care.
How to Apply for Labor Arbitration?
Labor arbitration is an application for arbitration at the labor dispute arbitration commission where the employer is located.
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If the employer fails to sign the contract after one month of employment, the employee may terminate the labor contract at any time and demand payment of severance and double wages.
If an employer fails to sign a contract after one month of employment, it violates Article 10 of the Labor Contract Law, which stipulates that "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". In the case of Article 18 (10) of the Regulations for the Implementation of the Labor Contract Law, "the employer violates the mandatory provisions of laws and administrative regulations", and Article 38 (6) of the Labor Contract Law, which provides that the employee may terminate the labor contract under the provisions of laws and administrative regulations, the employee may notify the employer to terminate the contract accordingly, and in accordance with the provisions of Article 46 (5) and Article 47 of the Labor Contract Law, The employer is required to pay one month's salary and severance every year according to the number of years of service in the employer.
According to Article 82 of the Labor Contract Law and Articles 6 and 7 of the Regulations for the Implementation of the Labor Contract Law, if an employer fails to sign a contract after one month of employment, it shall pay twice the salary to the employee from the day after the expiration of one month. Among them, if it is less than one year, the payment shall be paid until the day before the written labor contract is supplemented or the labor relationship is terminated; If the payment is completed for one year, the payment shall be made for a total of 11 months until the day before the completion of the year.
Employees can protect their rights through labor dispute arbitration.
If an employee terminates the contract on the grounds that the employer has not signed the contract and has violated the law for one month, claims severance and double wages, and applies for labor dispute arbitration relief, he or she needs to submit evidence of the de facto labor relationship. According to Article 2 of the Notice of the Ministry of Labor on Matters Concerning the Establishment of Labor Relations (Labor Law [2005] No. 12), when determining the existence of an employment relationship between the two parties, reference can be made to: wage payment vouchers or records (employee wage payment roster) and records of payment of various social insurance premiums; "Work Permit", "Service Certificate" and other documents issued by the employer to the employee that can prove the employee's identity; Recruitment records such as the "registration form" and "registration form" filled in by the employee; attendance records; Testimonies of other workers, etc.
Among them, the employee shall provide evidence of the work permit, service certificate and other documents that can prove the identity and witness testimony, and the employer shall provide the rest.
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If you do not sign a labor contract with your boss, there is no labor relationship, and you have the right to resign from your job at any time. If the boss does not approve it, it means that you and the boss have formed an employment relationship before the signing of the labor contract, and you propose to terminate the labor relationship, but the boss does not approve it, you can apply to the labor arbitration committee, and you can also apply for economic compensation.
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Voluntary resignation, the previous salary cannot be deducted.
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It's okay to go and don't come anymore. There's no contract, to put it bluntly, you don't have a relationship with each other.
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If there is an illegal act in the unit, you only need to notify the unit in writing. The employer can be required to pay economic compensation, double wages, etc.
Zongheng Legal Network-Shandong Jiaxiang Law Firm-Sun Yuguo lawyer.
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30 days in advance of the written notice of resignation, the expiration of the period will be terminated, the employment relationship will be terminated, it is recommended to collect relevant evidence, for future rights protection.
Zongheng Legal Network-Shandong Shengyu Law Firm-Dai Xiaoyan lawyer.
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Hello. You can apply for labor arbitration in a timely manner to demand the payment of double wages and economic compensation for the period when the labor contract has not been signed.
Zongheng Legal Network-Shandong Zhongya Shunzheng Law Firm-Liu Wei lawyer.
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1. If you have not signed a labor contract, you can ask the company to pay you double your salary every month;
2. Employees only need to notify the company 3 days in advance during the probation period, and they can resign if they are notified in writing 1 month in advance after the probationary period, without the approval of the company;
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Hit the local labor bureau **! of complaints...
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Failure to conclude an employment contract is a violation of the law by the factory, and you should first defend your rights and require the factory to bear the liability for compensation for the damage caused by the failure to enter into a labor contract with you due to its fault. Then, you think about quitting. Note that you cannot quit your job at any time and should fulfill your obligation to inform in advance in accordance with the law, so that you can effectively protect yourself.
If you look down, you'll see.
If the factory has violated the law without concluding an employment contract, it shall bear legal liability in accordance with Article 82 of the Labor Contract Law, pay you twice the monthly wage, and make up a written employment contract with you.
If you want to resign, you only need to submit a notice of resignation to the factory in writing 30 days in advance, and you do not need to ask for the factory's consent. If you continue to work for 30 days, you can apply to the factory for resignation the next day, and the factory should handle it, pay your wages in a lump sum, and issue you a certificate of resignation, otherwise the factory is illegal.
Article 81 of the Labor Contract Law of the People's Republic of China If the text of the labor contract provided by the employer does not contain the necessary terms of the labor contract stipulated in this Law, or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.
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You may terminate the employment contract by giving 30 days' written notice to the employer. When the deadline is up, you can leave. (See Article 37 of the Labor Contract Law).
Labor cases can be handled by themselves, the same can be won, and labor arbitration is completely free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me! >>>More
The most effective is to apply directly to the local labor administrative department for labor arbitration (no fees, no lawyers), and through the award issued by the labor arbitration, claim compensation from the unit, and if the compensation is not paid, you can apply to the court for enforcement. >>>More
No, there is no compensation for your own resignation.
Of course, it will be accepted, after all, if you use the house, you will naturally have to pay the rent according to the agreement (the standard agreed or paid before).
1. The employer shall sign a written labor contract with the employee within one month from the date of employment. If the contract is not signed, the employee shall be paid twice the monthly salary for the period from the day after the completion of one month to the completion of one year, and the employee shall be paid twice the salary on a monthly basis. >>>More