Is it illegal for Shenyang not to sign a labor contract? I am a nominal dental technician, and my partner and I have worked in the work unit for 45 days. Going to work at 8 am is mostly work 15.

According to Article 4 1 of the Labor Law, the employing unit shall consult with the workers to extend the working hours (i.e. overtime). Since this is a negotiation, it is of course necessary to reach an agreement on overtime hours and overtime pay, otherwise it will be forced labor.

There are only four situations where overtime cannot be refused: natural disasters, accidents or other reasons have seriously threatened people's lives, health and national assets and need urgent treatment; Production equipment, traffic lines and public facilities are out of order, which affects production and public interests and needs to be repaired in time; During the shutdown of legal holidays or public holidays, the equipment shall be overhauled and maintained; In order to complete the national defense emergency task or other emergency production tasks arranged by superiors outside the national plan, commercial and supply and marketing enterprises complete the acquisition, transportation and processing of agricultural and sideline products in the peak season.

In addition to these four situations, the unit requires employees to work overtime and must negotiate with employees. If the unit takes improper measures to ask employees to work overtime, employees can refuse. Although employees may not refuse to work overtime under the above four circumstances, the unit should still pay overtime wages, which must be paid in accordance with the standards stipulated in Article 44 of the Labor Law. Those who default or deduct labor remuneration or overtime pay can be dealt with according to Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 85 of the Labor Contract Law. The difference is that the former can claim directly, and the latter can claim only after the labor department orders it not to pay.

Overtime remuneration shall be calculated according to the following provisions:

1, Article 3 of Regulations of the State Administration and Hospitals on Working Hours of Employees.

Article 44 of the Labor Law of People's Republic of China (PRC).

3. Notice on the average monthly working hours and salary conversion of employees throughout the year.

The employer who has not signed a labor contract shall pay you double salary, social security and economic compensation for the termination of labor relations from the second month (for legal provisions, see Articles 82, 38 and 46 of the Labor Contract Law and Articles 6 and 27 of the Regulations for the Implementation of the Labor Contract Law). The focus is on evidence, which needs to prove that you have a labor relationship with the employer. As for how much time you work and how much money you earn every month, you can use the principle of "inversion of burden of proof", which can be proved by the employer. If the employer can't prove it, it will bear the adverse consequences.

"Inverted 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 Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, Article 9 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, Article 6 of the Supreme People's Court's Provisions on Evidence in Civil Litigation, Article 2 of the Notice of the Ministry of Labor and Social Security on Establishing Labor Relations, wage payment vouchers, social security. The employer may be required to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, I suggest you look at the Labor Law, the Labor Contract Law, the Regulations on the Implementation of the Labor Contract Law, and the Social Insurance Law, so that you can know in what ways the employer has violated your rights and interests, which will benefit you for life.

If the employer infringes on your legitimate rights and interests, pay attention to collecting evidence. This is very important if there is arbitration or litigation in the future.

See Article 9 of the Interim Provisions on Wage Payment and Article 50 of the Labor Contract Law for the time of wage payment when the labor contract (or labor relationship) is dissolved. If the payment is not made on time, it can be handled according to Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contract 10 or Article 85 of the Labor Contract Law. The difference is that the former can claim directly, and the latter can claim only after the labor department orders it not to pay.

Look at my answer above, you can't fully understand my answer until you know what the title is about.

My Baidu space has the above legal provisions, you can check it.