Do temporary workers need to sign an agreement?

Temporary workers also need to sign a written formal labor contract. According to the relevant laws and regulations of the state, no matter what the labor relationship is, the employer and the employee need to sign a formal written labor contract in time within one month and pay social insurance for the employee. Otherwise, it is illegal, and workers can complain to the labor administrative department to protect their rights.

1. Do I need to sign a labor contract to recruit temporary workers?

Temporary workers should sign labor contracts. If the employer wants to hire workers, both parties need to sign a labor contract. When agreeing on the contents of the labor contract, the employer may agree on the probation period. Some employers may hire temporary workers to do labor.

In the legal sense, there is no difference between "regular workers" and "temporary workers" in the legal sense after the implementation of People's Republic of China (PRC) Labor Contract Law. Therefore, there is no special definition of temporary workers in labor relations, and all workers who establish labor relations with employers are laborers. Both parties must sign a written labor contract, specifying salary, working years, etc.

Relevant legal basis:

According to Article 10 of the Labor Contract Law, to establish labor relations, a written labor contract shall be concluded.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Second, what are the legal risks of temporary workers not signing labor contracts?

From the legal point of view, neither the Labor Law nor the new Labor Contract Law divides and regulates the labor relations between employers and employees by "temporary workers" and "regular workers", but stipulates that both parties should sign labor contracts with fixed term, no fixed term and certain tasks, so as to standardize the labor relations between both parties and clarify their rights and obligations.

According to the current labor laws and regulations, labor contracts should also be signed. If the employer fails to sign a labor contract with these workers within the statutory time limit, it will face the legal risk of paying the company double wages and signing an open-ended labor contract.

3. What are the risks of temporary workers not signing labor contracts?

There are four ways for enterprises to recruit temporary and seasonal employees:

1. Select standard labor and employment. Employment in this way requires signing a labor contract with employees, otherwise, employees who have been employed for more than 1 month need to bear the legal risk of paying double wages.

2. Choose a part-time job. In this way, you can not sign a labor contract and pay social insurance for employees (but you need to pay work-related injury insurance). However, it is necessary to ensure that the average working hours of employees do not exceed 4 hours a day and 24 hours a week.

3. Choose the form of labor dispatch. In this way, the employer only needs to choose the cooperative labor dispatch unit and inform the labor dispatch company of the requirements of the required employees. The labor dispatch company will recruit employees and send them to the unit.

4. choose labor services. In this way, labor laws and regulations will no longer apply, but in accordance with the provisions of the civil law, the unit and the employee will sign a labor service agreement to clarify the rights and obligations of both parties. However, in terms of management, the way of employment is often inconvenient, because there is no relationship between management and being managed, subordination and subordination in labor relations.

To sum up, no matter what purpose the employer chooses to recruit workers, it is necessary to sign a formal written labor contract according to law. If you don't sign a labor contract with temporary workers in time, you need to bear corresponding legal responsibilities. Temporary workers can ask for double wages and ask employers to pay social insurance. The labor administrative department will also order the employer to make corrections. If they don't make corrections within the time limit, they will be punished accordingly.