Labor Contract Employee'S Resignation May Be Claimed.

When I entered a company, I only agreed to work time, work content, salary and so on. I didn't sign a written labor contract.

After half a year, I felt that I didn't have much room for development in the company, and I wanted to go back to my hometown to start a partnership with my girlfriends, so I submitted a written resignation to the company 30 days in advance.

Recently, when I left the company on schedule, I asked the company to pay two times the salary without signing a written labor contract with me.

The company refused to accept it. The reason was that it issued a work permit with the seal of the company and the legal representative on the next day after my entry into the office. The work permit proves that I am a company employee and has a labor relationship with the company. I usually work outside the business with a work permit. Therefore, the work permit represents a written labor contract.

Excuse me, is the company founded?

The reasons for the company can not be established. The work permit can not replace or equal to the labor contract.

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

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The same applies to the sixth regulations of the implementation Ordinance.

These legal provisions clearly indicate that the employer must pay two times the requirement of wages, only because he has not signed a written labor contract with the workers, rather than whether he has issued a work permit or has issued a work permit as an exception.

Moreover, the labor contract and the work permit are two completely different concepts.

The so-called labor contract refers to the agreement between the laborer and the employing unit in establishing labor relations and defining the rights and obligations of both parties.

According to the seventeenth provisions of the labor contract law, the contents include: the name, residence, legal representative or principal person of the employing unit; the name, address and identity card number of the laborer, or the number of other valid identity documents; the term of the labor contract; the contents and working place of the work; the working time and rest and vacation; and the remuneration for labor;

Labor protection, labor conditions and occupational hazards protection; other matters stipulated in laws and regulations should be included in the labor contract.

The work permit is only a sign that a person works in a certain unit. It is a symbol of the identity and identity of the unit. It can not reflect and determine the rights and obligations between the person and the unit, but also does not have the content of the labor contract.

In addition, the Ministry of labor and social security established

In the second item (two) of the notice of relevant matters (No. [2005] of the labor department), only the "work permit" is regarded as one of the reference documents for determining the existence of labor relations between the two parties when the employer fails to sign a labor contract with the laborer, instead of using the "work permit" as one of the basis of the contract, nor does the work permit be a concrete manifestation of the written labor contract.

It is precisely because the company has only issued a work permit to you, and it has been written clearly in writing, indicating that there is no written labor contract. The company should naturally pay you two times the corresponding wage.

The relevant normative documents point out that the employer has not signed a labor contract with the laborer, and that when the labor relationship exists between the employer and the employee, it can be referred to: wage payment vouchers or records (pay list of workers' wages), payment of various social insurance premiums, certificates of "certificates of work" and "service cards" issued by the employer to the laborers, etc., and the recruitment records, such as "registration form" and "application form", which are filled out by the employers, such as recruitment registration, attendance records, testimony of other workers, etc.

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