What should I do if I don't sign a labor contract and don't pay?

If the employer has not signed a labor contract with the employee and does not pay his wages, the employee can look for evidence of labor relations with the employer, such as: work permit or work permit (preferably with official seal), payroll card transaction records, payroll slips, tooling with company name printed on it, tax payment certificate printed and sealed by the local taxation bureau,

Temporary residence permit, attendance record, social insurance payment record, work order, colleague testimony (resignation), audio and video recording or other written materials with employee's name and official seal or boss's signature, etc. As long as it is proved that there is a labor relationship between both parties, employees can apply for labor arbitration.

The employer is required to pay double wages for the unsigned labor contract, and the employee can ask the employer to pay double wages and unpaid wages for the unsigned labor contract from the second month (from the second month of employment, the longest 1 1 month). The term of labor arbitration is one year from the employee's resignation!

How to apply for labor arbitration;

1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer (registration information is not required in Beijing).

2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court;

3. During the application for labor arbitration, the laborer shall not delay to work in the new unit.

Article 82 of the Labor Contract Law of People's Republic of China (PRC), if the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary.

Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded.

Regulations on the Implementation of the Labor Contract Law of the People's Republic of China

Article 6 Where an employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with the provisions of Article 82 of the Labor Contract Law, and make up the written labor contract with the employee;

If the employee fails to conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law.

As mentioned in the preceding paragraph, the starting time for the employer to pay the laborer twice the monthly salary is the day after the expiration of one month from the date of employment, and the ending time is the day before the conclusion of a written labor contract.

Article 7 Where an employer fails to conclude a written labor contract with an employee within one year from the date of employment, it shall be complacent and pay the employee twice the monthly salary according to the provisions of Article 82 of the Labor Contract Law from the day after one month to the day before the expiration of one year.

If one year has elapsed since the date of employment, it shall be deemed that an open-ended labor contract has been concluded with the employee, and a written labor contract shall be concluded with the employee immediately.

Article 50 of the Labor Law of People's Republic of China (PRC) shall be paid to the laborer himself on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.

"Interim Provisions on Payment of Wages" Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:

(1) Deducting or delaying the wages of workers without reason;

(2) refusing to pay overtime wages to laborers;

(3) paying workers' wages below the local minimum wage standard.

The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.

Extended data:

Performance and change

Article 29? The employer and the employee shall fully perform their respective obligations in accordance with the provisions of the labor contract.

Article 30? The employing unit shall, in accordance with the labor contract and state regulations, pay the laborers' labor remuneration in full and on time.

If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.

Article 31? The employing unit shall strictly implement the labor quota standard, and shall not force or force workers to work overtime in disguised form. Where the employing unit arranges overtime work, it shall pay overtime wages to the workers in accordance with the relevant provisions of the state.

Article 32? Workers who refuse to command or force the management personnel of the employer to take risks in violation of regulations shall not be regarded as violating the labor contract.

Laborers have the right to criticize, report and accuse the employer of working conditions that endanger life safety and health.

Article 33? Changes in the name, legal representative, principal responsible person or investor of the employing unit shall not affect the performance of the labor contract.

Article 34? Where the employing unit is merged or divided, the original labor contract shall remain valid, and the labor contract shall continue to be performed by the employing unit that inherits its rights and obligations.

Article 35? The employer and the employee may change the contents of the labor contract through consultation. Changes to the labor contract shall be made in written form.

The revised text of the labor contract shall be held by the employer and the employee respectively.

Dissolution and termination

Article 36? The employer and the employee may terminate the labor contract through consultation.

Article 37? The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

Article 38? Under any of the following circumstances, the employee may terminate the labor contract:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) Because of Article 26 of this Law? The circumstances specified in the first paragraph render the labor contract invalid;

(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.

Article 39? In any of the following circumstances, the employer may terminate the labor contract:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) Because of Article 26 of this Law? The circumstances specified in item 1 of the first paragraph render the labor contract invalid;

(6) Being investigated for criminal responsibility according to law.

Article 40? Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:

(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;

(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;

(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.

Article 41? Under any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employer may lay off employees after explaining the situation to the trade union or all employees 30 days in advance and listening to the opinions of the trade union or employees.

(1) Conforming to the provisions of the Enterprise Bankruptcy Law;

(two) serious difficulties in production and operation;

(three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract;

(4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract.

When reducing personnel, priority should be given to retaining the following personnel:

(1) Concluding a long-term fixed-term labor contract with the unit;

(2) Concluding an open-ended labor contract with the unit;

(3) there are no other employees in the family, and there are elderly people or minors who need to support them.

If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions.

Article 42? An employing unit may not violate the provisions of Article 40 of this Law under any of the following circumstances? Article 41? Provisions on termination of labor contract:

(1) The worker who is engaged in the operation exposed to occupational hazards fails to undergo the occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation;

(2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work;

(3) Being sick or injured non-work-related, and within the prescribed medical treatment period;

(four) female workers during pregnancy, childbirth and lactation;

(5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age;

(6) Other circumstances stipulated by laws and administrative regulations.

References:

Baidu Encyclopedia-People's Republic of China (PRC) Labor Contract Law