What if the property does not give the contract?

The so-called labor contract refers to the agreement on labor relations signed between employees and enterprises, which needs to be signed under fair conditions, otherwise it has no legal effect. In addition, the labor contract must be signed in writing. Then, what if the property company does not give employees a labor contract? Here is an introduction for everyone!

First, the property company does not give employees labor contracts?

If the company does not give the employee a labor contract, it can promptly report it to the Labor Bureau and the Labor Dispute Arbitration Committee for handling.

According to the Labor Contract Law, after the employee and the employer sign a labor contract through consultation, both parties must hold one labor contract, otherwise, the employee should communicate with the personnel department of the company in time and ask for a labor contract.

A labor contract shall be reached through consultation between the employer and the employee, and shall come into effect after the text of the labor contract is signed or sealed by the employer and the employee. The text of the labor contract is held by the employer and the employee respectively.

If the text of the labor contract provided by the employer fails to specify the necessary clauses of the labor contract as stipulated in this Law or the employer fails to deliver the text of the labor contract to the laborer, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.

Second, the labor contract matters needing attention

1, the format of the labor contract must be written.

The labor contract must be established in written form, not verbally agreed. According to Article 10 of the Labor Contract Law, a written labor contract shall be concluded to establish labor relations. 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. The labor contract is an important evidence to establish the labor relationship between the employee and the employer, and either party will bear the corresponding legal consequences if it does not sign the labor contract. The text of the labor contract is held by the employer and the employee respectively.

2. The labor contract is invalid.

After the signing of a labor contract, the signed labor contract shall be deemed invalid under any of the following circumstances. According to Article 26 of the Labor Contract Law, the following labor contracts are invalid or partially invalid:

(1) Causing the other party to conclude or change a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;

(2) The employer exempts itself from legal liability and excludes the rights of workers;

(3) Violating the mandatory provisions of laws and administrative regulations. Any dispute over the invalidity or partial invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people's court.

If the employer commits the above acts, the employee may refuse to sign a labor contract.

The invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people's court. Without the confirmation of the labor arbitration institution and the people's court, the laborer cannot unilaterally declare the labor contract invalid or continue to perform the labor contract because of the above circumstances.

Third, the necessary terms of the labor contract are indispensable.

The labor contract signed shall have the following necessary clauses:

(a) the name, domicile and legal representative or principal responsible person of the employing unit;

(2) The name and address of the laborer and the number of the resident identity card or other valid identity documents;

(3) The term of the labor contract;

(4) Work content and work place;

(five) working hours and rest and vacation;

(6) Labor remuneration;

(7) Social insurance;

(eight) labor protection, working conditions and occupational hazard protection;

(nine) other matters that should be included in the labor contract as stipulated by laws and regulations. All the above clauses should be included in the labor contract.

The above is an introduction about "What to do if a property company refuses to give employees a labor contract", which mainly introduces the handling methods of the property company's refusal to give employees a labor contract, as well as the matters needing attention in the labor contract and the necessary terms of the labor contract. For the legal problems in the labor contract, it is recommended to find a lawyer to solve them!