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Claim recruitment
If the employer has not signed a labor contract with the employee, the employee may apply for labor arbitration in accordance with the law, and the employee may collect evidence, such as punching records, wages, work clothes and work cards. For this kind of illegal behavior of the unit, you can apply for labor arbitration or complain to the labor inspection department. The limitation period for applying for arbitration of labor disputes is one year, and the limitation period for arbitration shall be counted from the time when the parties know or should know that their rights have been infringed. According to the "People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law", if the time limit for applying for arbitration is not exceeded, you can apply for labor arbitration. Article 27 The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.
Legal objectivity:
Notice of the Ministry of Labor and Social Security on Relevant Matters Concerning the Establishment of Labor Relations Article 2 If an employing unit has not signed a labor contract with an employee, it may refer to the following documents when determining that there is a labor relationship between the two parties: (1) a wage payment voucher or record (employee wage roster) and a record of paying various social insurance premiums; (2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee; (3) Employment records such as Registration Form and Application Form filled out by employees; (4) attendance records; (5) Testimonies of other workers, etc. Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.
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