Residential property security didn't sign a labor contract, so there is no legal responsibility for working overtime on holidays? Can I go to court to sue?

Residential property security has not signed a labor contract, no holidays and no overtime pay. Workers can complain to the labor supervision department where the employer is located, or apply to the labor dispute arbitration committee where the employer is located for labor arbitration. If you can't bring a lawsuit directly to the court, you need a labor dispute arbitration commission to issue an award. If any party refuses to accept it, you can bring a civil lawsuit in advance according to law.

Workers can claim double wages from the employer from the second month after signing the labor contract with the employer, with a maximum of 1 1 month, and ask the employer to return overtime wages.

To prove that there is a labor contract relationship between the employee and the employer, the evidence materials usually needed include the following:

1, evidence of workers' work contents, such as electronic texts, materials and other company-related materials;

2. Relevant signs of workers' work, such as work letters, employee badges and employees' clothes, and any certificates related to the company;

3. It is best to stamp or print complete sets and volumes of information, such as employee handbook, financial system and employee roster. , as the institutional basis for the company to give workers;

4. Information exchanged between formal employees or leaders of the company and laborers, such as work arrangement, written notice, e-mail notice, etc.

5. Laborers can try to talk to the company's competent leader, and then record it, and reflect the leader's name in the recorded materials. Otherwise, it is difficult for the labor dispute arbitration commission to confirm the authenticity of the recorded materials.

6. Laborers can prove that they work in the company through witness cards and the testimony of other employees who have left the company.

7. Other materials related to the company (work signature documents) can be used as evidence.

Law on mediation and arbitration of labor disputes

Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):

(1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;

(3) Disputes arising from delisting, dismissal, resignation or resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(six) other labor disputes as prescribed by laws and regulations.