How Can Employees' Enterprises Fail To Sign Labor Contracts?

In November 19, 2015, Master Wang of Fujian entered a shoe making enterprise in Wenzhou, but the unit did not sign a labor contract with him, nor did he pay social security for it.

A few days ago, Master Wang received a notice from the unit. Because of serious difficulties in the operation of the company, the company decided to lay down the staff through the company's research.

Master Wang did not know his rights and interests to fight for it.

According to the relevant laws and regulations, Master Wang can advocate his rights and interests in terms of obtaining two times salary, employment compensation and enterprises' social security payment without signing labor contracts.

The tenth provision of the labor contract law stipulates that a written labor contract shall be concluded in the establishment of labor relations.

Where a labor relationship has been established and a written labor contract has not been written at the same time, a written labor contract shall be concluded within one month from the date of the employment.

The eighty-second provision of the labor contract law stipulates that the employer shall pay two times the monthly salary for the worker if he fails to conclude a written labor contract with the employee for more than one month after the day of his own employment.

If the employer fails to conclude a labor contract without a fixed term in violation of the provisions of this law, he shall pay the laborer two times the monthly salary from the date of the conclusion of the contract.

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The sixth provision of the implementing regulations provides that: if the employer fails to conclude a written labor contract with a worker for more than one month after the day of his own employment, he shall pay the laborer two times the monthly salary according to the eighty-second provision of the labor contract law, and make a written labor contract with the employee.

The starting time for the employer to pay the laborer two times the monthly salary stipulated in the preceding paragraph is the next day after the full day of the employment date. The deadline is for the first day of the written labor contract.

The forty-seventh provision of the labor contract law stipulates that economic compensation shall be paid to laborers according to the number of years worked by the laborers in their units and the wages paid for one month per year.

For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months.

The monthly wages mentioned in this article refer to the average wages of laborers twelve months before the termination or termination of labor contracts.

According to the above legal provisions, Master Wang can get double pay compensation and financial compensation without signing labor contracts.

That is, the employer should pay to master Wang from December 19, 2015 to master Wang.

The economic compensation for the period is two times the wage and the monthly wage standard.

The seventy-second provision of the labor law stipulates that the social insurance fund determines the source of funds according to the type of insurance, and gradually implements social coordination.

Employers and workers must participate in social insurance according to law and pay social insurance premiums.

The 100th provision of the labor law stipulates that employers do not pay for no reason.

The labor administrative department shall order it to pay within a prescribed time limit, and if the overdue payment is not paid, the late fee can be added.

The "social insurance law" stipulates that the employer shall, within thirty days from the date of its establishment, apply to the local social insurance agency for registration of social insurance with its business license, registration certificate or unit seal.

The employing unit shall, within thirty days from the date of its employment, apply for the registration of social insurance for its employees to the social insurance agency.

In the absence of social insurance registration, the social insurance agency shall approve the social insurance premium that should be paid.

Accordingly, Master Wang can ask enterprises to make up their social security during their work.