What Should I Do If I Fail To Sign A Labor Contract Unit?

Mr. Yu: in March last year, I saw a cultural communication company on the internet recruiting people and applied for the interview.

At that time, the company promised to cooperate with me.

Labor contract, but has not signed, nor has I paid social insurance.

In December 2014, I resigned on this grounds and applied for arbitration to request the company to pay two times the wage difference without signing the labor contract.

But now I say it is because I want to get two times the compensation and deliberately drag on not to sign the labor contract.

Lawyer: the sixth provision of the regulations on the implementation of the labor contract law stipulates that if the employer fails to conclude a written labor contract with a worker for more than one month after the date of his own employment, he shall, in accordance with the provisions of the "Regulations on the implementation of the labor contract law",

The provisions of the eighty-second article pay laborers two times the monthly wages, and make up written labor contracts with workers, and workers do not conclude written labor contracts with employers.

The employer shall notify the laborer in writing to terminate the labor relationship and pay the economic compensation in accordance with the forty-seventh provision of the labor contract law.

According to the sixth provision of the labor dispute mediation and arbitration law, labor disputes arise, and the parties have the responsibility to provide evidence for their claims.

Therefore, the company should provide evidence for its claims, otherwise it will bear adverse consequences.

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Mr. Cheng: more than two years ago, I worked in a technology company, and the labor contract signed in December 31, 2016 expired.

The company is invested by 4 partners. They are shareholders of natural persons, one of whom is a legal person.

Now the company is running poorly. The 4 bosses don't want to invest in the company. There is no money in the company's account and the rent of the office building. I'm worried that if I go on working, I will be defaulted on my salary, so I want to quit.

Excuse me: can I get an economic compensation from my job?

Hu Fang: under normal circumstances, when the worker proposes to terminate the labor contract, the employer does not have to pay the economic compensation.

However, according to the thirty-eighth provision of the labor contract law, if the employer fails to pay the labor remuneration in full and in time, the worker can rescind the labor contract, and the employer should also pay the economic compensation in that case.

Therefore, if the company has not paid the labor remuneration in time and in arrears, the company should pay the economic compensation for the cancellation of the labor contract. If the company has not yet been in arrears of wages, you are only required to remove the labor contract for fear of being defaulted on wages, and the company is not required to pay financial compensation.