As a fresh graduate, I asked China Petroleum Jilin Petrochemical Company. They said that they cannot sign a labor contract, but they can sign a market contract. They provide three insurances and one h

As a fresh graduate, I asked China Petroleum Jilin Petrochemical Company. They said that they cannot sign a labor contract, but they can sign a market contract. They provide three insurances and one housing fund, but they are not included in the establishment.

You should sign a labor contract, the employer is lying to you.

If you do not sign a labor contract, the employer should pay you double your salary from the second month and make up for social security. If the labor relationship is terminated, the employer should also pay you economic compensation (for legal provisions, please see Article 1 of the "Labor Contract Law" 82, 38, 46 and Articles 6 and 27 of the Implementation Regulations of the Labor Contract Law). The key point is evidence, which requires evidence that you have a labor relationship with the employer. As for the number of hours worked, monthly salary, etc., the principle of "reversed burden of proof" can be used, and the employer can prove it. If the employer cannot prove it, it will bear adverse consequences.

"Inversion of the burden of proof" widely exists in the field of labor law. Articles 6 and 39 of the Labor Dispute Mediation and Arbitration Law, Article 13 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), and Article 13 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases. Article 9 of the Interpretation (3), Article 6 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation", and Article 2 of the "Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations" all have provisions in this regard. Wage payment vouchers, social security records, recruitment registration forms, application forms, attendance records, etc. can all be required to be borne by the employer.

If you want to comprehensively protect your legitimate rights and interests, it is recommended that you read the "Labor Law", "Labor Contract Law", "Labor Contract Law Implementation Regulations" and "Social Insurance Law" so that you can know the employer's In what ways has your rights been violated?

For details on the time for wage payment when the labor contract (or labor relationship) is terminated, please refer to Article 9 of the "Interim Provisions on Wage Payment", and for details on the time for payment of economic compensation, please refer to Article 50 of the "Labor Contract Law". If payment is not made on time, Articles 3 and 10 of the "Measures for Economic Compensation for Violation and Termination of Labor Contracts" or Article 85 of the "Labor Contract Law" may be followed. The difference is that the former can be claimed directly, while the latter can only be claimed after failure to pay after being ordered by the labor department.

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