I didn't sign a labor contract when I was working in the property.

It is not a breach of contract for a property management company not to sign a labor contract, but the People's Republic of China (PRC) Labor Contract Law also clearly stipulates that if it does not sign a contract within one month after the establishment of the employment relationship, the property management company shall pay double wages to the workers, and employees cannot ask the company to pay liquidated damages on the grounds of not signing a contract.

1. Is it a breach of contract if the company working in the property does not sign the contract?

It is not a breach of contract for a company working in the property, but it needs compensation.

People's Republic of China (PRC) labor contract law

Article 10 A written labor contract shall be concluded when establishing 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.

Article 82 Legal Liability for Failure to Conclude a Written Labor Contract If the employing unit 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.

Second, what are the legal risks of not signing a labor contract after establishing a labor relationship?

1. Unsigned contracts cannot exempt the employer from the obligation to pay various social insurance premiums for employees.

According to the law, as long as the employer is engaged in employment and forms a labor relationship with the employee, even if the employee does not sign a labor contract, the employee enjoys all the rights stipulated in the Labor Law, and the unit also undertakes all the obligations stipulated in the Labor Law. Among them, paying various social insurance premiums according to law is a mandatory legal obligation that employers cannot exempt. If the unit does not pay social insurance premiums, employees can complain to the labor inspection department, which can

Order the unit to pay, or even apply to the court for compulsory execution and punish the employer.

2, the unit to terminate or terminate the factual labor relations (dismissal) need to pay economic compensation according to law.

According to the law, if the two parties have not signed a written labor contract, the employer shall pay economic compensation to the workers when terminating or dissolving the labor relationship (some local regulations even stipulate that the labor relationship cannot be dissolved without signing a labor contract), and if the economic compensation is not paid according to law, additional economic compensation shall be paid. If a labor contract is signed, the employer and the employee need not pay any economic compensation when the labor contract expires.

3. If the unit terminates or terminates the factual labor relationship (dismisses employees), it may need to compensate for unemployment losses.

If an employee can't receive unemployment insurance after being dismissed because the unit fails to pay the unemployment insurance premium for the employee according to law, the employee can ask the employer to pay compensation according to law, and some places even stipulate that the compensation is twice the unemployment insurance premium.

4. Employees can terminate the labor contract at any time without any liability or compensation for breach of contract.

If both parties have signed a labor contract, the employee must notify the unit in writing 30 days in advance if he wants to terminate the labor contract in advance, otherwise, if the labor contract is terminated illegally and losses are caused to the unit, he shall be liable for compensation according to law. If the labor contract stipulates that the employee shall be liable for breach of contract in advance to terminate the labor contract, the unit may also require the employee to bear the liability for breach of contract (such as liquidated damages, etc.). ) according to law. However, if the unit does not sign a labor contract with the employee, the employee can not only terminate the labor contract at any time, but also need not bear the liability for breach of contract or compensation to the unit.

5. The unit cannot dismiss employees on probation.

The labor law stipulates that the labor contract may stipulate a probation period (no more than 6 months). During the probation period, if the employee does not meet the employment conditions, the unit may terminate the labor contract at any time without paying economic compensation. But if no labor contract is signed, there will be no probation period (because the probation period agreed orally is invalid). Although the unit can dismiss employees, it needs to pay economic compensation according to law. If economic compensation is not paid according to law, additional economic compensation will be paid.

6. Not signing a labor contract is not conducive to the protection of business secrets by the unit.

The legal nature of labor contract is quite special. The legal responsibility for not signing a labor contract is not to pay liquidated damages, but to pay double wages to the workers according to the wage standard determined at the beginning. Not signing a labor contract doesn't mean they can buy social security. If the company does not buy social security, workers can complain to the social security bureau.