Failure to sign a labor contract in arbitration

Legal analysis: Although the two parties have not signed a contract, they have obtained the employment permit for foreigners in Beijing. Last March, the client left his job due to illness. * * The property management company stopped paying wages in July last year. Last year1February, the parties filed a labor arbitration with Chaoyang District Labor Arbitration Committee, and the arbitration institution ruled that the dispute between them and the company was not a labor dispute and rejected their request. Therefore, a lawsuit was filed to confirm the existence of a factual labor relationship with * * Maoyuan Property Management Co., Ltd., requiring the company to pay its wages, overtime pay, economic compensation for the termination of the labor contract and economic compensation for arrears of wages.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 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.

Article 36 The employing unit and the employee may terminate the labor contract through consultation.