The Employment Agreement Has The Essential Terms Of The Contract And Does Not Pay Double Wages.

After entering the office, Wang signed the contract.

Has not signed a labor contract, can Wang ask the unit to pay double wages?

In March 7, 2012, Wang hired a car company in Shandong to engage in security work. The two sides signed an employment agreement.

The terms of the agreement are from March 7, 2012 to March 7, 2014. Wang's post is security, and wages shall be carried out in accordance with the provisions of the state laws and the relevant provisions of the company.

During the work of Wang, the company did not pay social insurance premiums.

In June 30, 2013, Wang left the company because of the security manager's fines.

Wang's average salary in the 12 months before leaving was 2930 yuan.

In July 30, 2013, Wang went to the Ji'nan labor and personnel dispute arbitration commission.

The motor company is required to pay a double wage difference of 33319.37 yuan between April 7, 2012 and March 7, 2013.

After the ruling, Wang refused to accept the lawsuit against the Licheng District Court.

The court held that the employment agreement signed between Wang and automobile companies agreed on the terms and conditions of employment contracts, such as the terms of employment, post and wage payment, and could be regarded as a labor contract signed between the two sides. Therefore, Wang asked the car company to pay the request for double wage difference, and the evidence was insufficient.

Accordingly, the court ruled: Wang dismissed the claim.

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I worked in a unit for half a year. There is nothing in contract and insurance, that means 2500 yuan in wages.

My boss always thinks I'm slow and I want to fire me.

I said, if I really don't want to use me, I will leave if I give some compensation.

At that time, the boss did not say anything. Who expected the salary to be paid this month, the boss said you could leave.

I asked for compensation, and the boss said he didn't deduct my salary.

The villagers say that the business is wrong, but the problem is that there is no contract heard and not accepted, and he is contracting other people's business.

Now I don't know how to safeguard my rights and interests, so I would like to trouble you for directions.

First of all, it is clear that illegal employment of units is mainly caused by not signing contracts, failing to pay social security, and dismissal at will.

Secondly, for such illegal activities, employees can not be helpless because they have not signed a labor contract.

The interpretation of the Supreme People's Court on Several Issues concerning the application of law in labor dispute cases stipulates that the following disputes between the laborers and the employing units belong to the labor disputes stipulated in the second article of the labor law. If the parties concerned are not satisfied with the decisions made by the labor dispute arbitration committee and prosecute the people's courts according to law, the people's court shall accept the disputes between the laborers and the employing units in the process of performing the labor contract.

If the labor dispute arbitration committee makes a written ruling, decision or notice on the grounds that the matter that the party applies for arbitration is not a labor dispute, the party concerned refuses to obey the law to bring a suit in the people's court, the people's court shall deal with it separately: those who belong to the labor dispute case shall be accepted; while other cases that are not labor dispute cases, but belong to other cases of the people's court, they shall be accepted according to law.

Thirdly, the main body of the application for arbitration is that the labor dispute arbitration committee shall make written decisions, decisions or notices which refuse to accept the case on the grounds of the malpractice of the principal applying for arbitration. If the parties concerned refuse to obey the law and bring a suit to the people's court, they will refuse to accept the case or refuse to prosecute if the examination does not belong to the main body.

When a laborer disputes a contract between the employer and the other equal subjects, he or she will have a dispute with the employer and the contractor or one party, and shall bring a lawsuit to the people's court according to law.

Finally, the employer shall bear the burden of proof as a result of the labor dispute which has been decided by the employer, such as expulsion, delisting, dismissal, rescission of labor contract, reduction of labor remuneration, and calculation of the working life of workers.

According to the provisions of the judicial interpretation, you can completely tell, I am worried about the fact that you have sufficient evidence of the factual labor relationship? If you have no evidence or evidence, you will be blind when you meet your boss.

So, in the first place, you should quickly collect evidence of labor relations, so as to form evidence chain.

For example, wage slips, work cards, witness testimony, dispatch sheet, pass card and so on can directly prove that you are the documentary evidence, audio and video data of the company's employees.