Tianshan District, Jianquan Third Street, Wu's fragrant beef noodles have been dried for more than a year, but they are not paid because they have not signed a labor contract. What should I do?

as long as it can be proved that there is a factual labor relationship, you can apply for labor dispute arbitration.

If you have not signed a labor contract, you can also ask for double salary compensation and pay back social security. You can bring a lawsuit together.

Notice on Matters Related to Establishing Labor Relations

No.12 [25] of the Ministry of Labor and Social Security

Labor and Social Security Departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government:

Recently, in some places, it was reported that some employers did not sign labor contracts, and when labor disputes occurred, it was difficult to determine the labor relations between the two sides, which made it difficult to safeguard the legitimate rights and interests of workers. In order to standardize the employment behavior of employers, protect the legitimate rights and interests of workers, and promote social stability, the relevant matters concerning the establishment of labor relations between employers and workers are hereby notified as follows:

1. A labor relationship is established when employers recruit workers without a written labor contract, but at the same time, they meet the following conditions.

(1) The employer and the employee meet the subject qualifications stipulated by laws and regulations;

(2) The labor rules and regulations formulated by the employer according to law are applicable to laborers, who are subject to the labor management of the employer and engaged in paid labor arranged by the employer;

(3) The labor provided by laborers is an integral part of the business of the employer.

2. The employer has not signed a labor contract with the employee, and can refer to the following documents when determining that there is a labor relationship between the two parties:

(1) wage payment vouchers or records (payroll roster for employees) and records of paying various social insurance premiums;

(2) identification certificates such as "work permit" and "service certificate" issued by the employer to the workers;

(3) Employment records such as "Registration Form" and "Registration Form" filled out by the employee;

(4) attendance records;

(5) Testimonies of other workers, etc.

among them, the relevant vouchers in items (1), (3) and (4) shall be borne by the employer.

iii. if the employing unit recruits workers in accordance with the provisions of article 1, the employing unit shall sign a supplementary labor contract with the workers, and the term of the labor contract shall be determined by both parties through consultation. If the negotiation fails, either party may propose to terminate the labor relationship. However, if the laborer meets the conditions for signing an open-ended labor contract, the employer shall conclude it.

if the employer proposes to terminate the labor relationship, it shall pay the economic compensation of one month's salary according to the employee's working years in the unit.

4. Employers such as construction companies and mining enterprises contract out the project (business) or management right to organizations or natural persons who do not have the qualification of employment subject. For the workers recruited by such organizations or natural persons, the employer who has the qualification of employment subject shall bear the responsibility of employment subject.

5. If there is a dispute between the laborer and the employer on the existence of labor relations, they may apply to the labor dispute arbitration committee with jurisdiction for arbitration.

May 25th, 25