I work in a small factory, but I didn’t sign a labor contract. Now I want to leave and go to another factory, but my boss

I work in a small factory, but I didn’t sign a labor contract. Now I want to leave and go to another factory, but my boss

You work in the company, but you don’t sign a labor contract. , then negotiate with the boss to settle the salary first, otherwise, it will be reported to the arbitration committee and apply for double salary compensation. If you pay off your salary, you can leave immediately. I work in a small factory, but I didn’t sign a labor contract. Now I want to leave immediately, but my boss doesn’t approve. What should I do?

If the resignation is rejected, the employee can mail a resignation letter to the employer by courier, keep the courier details and photocopy a resignation letter. After the resignation expires, the employee can ask the employer to pay his salary. and handle resignation procedures for them.

If the employer has not signed a labor contract with the employee, the employee can require the employer to pay double wages for those who have not signed a labor contract starting from the second month (starting from the second month of employment, up to 11 months), starting from the employee’s resignation, the labor arbitration statute of limitations is one year!

Article 37 of the "Labor Contract Law of the People's Republic of China" stipulates that an employee may terminate the labor contract by giving written notice to the employer thirty days in advance. During the probation period, the employee can terminate the labor contract by notifying the employer three days in advance.

1. There are three situations when an individual proposes to resign:

1. The employer has the circumstances specified in Article 38 of the Labor Contract Law, and the employee can leave immediately after he proposes in writing to terminate the labor relationship. You do not need the approval of the employer, and can request the payment of remaining wages and economic compensation (one month's salary for every year of work) and the resignation procedures;

2. Failure to submit 30 days in advance When resigning, the employer does not fall under Article 38 of the Labor Contract Law. The employee directly submits a letter of resignation and leaves. At this time, you have violated the law. The direct economic losses caused to the employer and the expenses incurred in recruiting workers, The employer can require the employee to bear the burden.

3. According to Article 37 of the "Labor Contract Law", employees who submit a written resignation 30 days in advance can resign without the approval of the employer. Among them, the probation period must be submitted in writing 3 days in advance; the employer is obliged to settle the salary and go through the resignation procedures.

2. The employee can send the notice of termination of the labor relationship to the employer by express delivery or registered mail (also known as a resignation letter or resignation report), so as to facilitate the retention of evidence. If the employer fails to pay the employee wages or fails to complete the resignation procedures for the employee, the employee can apply for labor arbitration;

3. Relevant legal basis:

"Labor Contract Law" Article 37 An employee may terminate the labor contract by notifying the employer in writing thirty days in advance. During the probation period, the employee can terminate the labor contract by notifying the employer three days in advance.

Article 38 If the employer has any of the following circumstances, the employee may terminate the labor contract:

(1) Failure to provide labor protection or labor conditions as stipulated in the labor contract ;

(2) Failure to pay labor remuneration in full and on time;

(3) Failure to pay social insurance premiums for workers in accordance with the law;

(4) ) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances stipulated in paragraph 1 of Article 26 of this Law;

(6) Other circumstances under which workers may terminate labor contracts under laws and administrative regulations.

If the employer forces the employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates the rules and orders or forces risky operations that endanger the personal safety of the employee, the employee may immediately terminate the labor contract , without prior notification to the employer.

Article 46 If any of the following circumstances occurs, the employer shall pay economic compensation to the employee:

(1) The employee shall comply with the provisions of Article 38 of this Law To terminate the labor contract;

(2) The employer proposes to terminate the labor contract to the employee in accordance with Article 36 of this Law and negotiates with the employee to terminate the labor contract;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of Article 41, Paragraph 1 of this Law;

p>

(5) Unless the employer maintains or renews the labor contract by improving the conditions agreed in the labor contract, and the employee does not agree to the renewal, the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law.

(6) Termination of the labor contract in accordance with the provisions of Article 44, Paragraph 4 and Paragraph 5 of this Law;

(7) Others stipulated by laws and administrative regulations situation.

Article 47 Economic compensation shall be paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.

If the employee’s monthly salary is three times higher than the average monthly salary of employees in the region for the previous year published by the municipality or districted city-level people’s government where the employer is located, the standard of economic compensation paid to him shall be based on the employee’s An amount of three times the average monthly salary shall be paid, and the maximum number of years for which financial compensation shall be paid shall not exceed twelve years.

The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.

Article 50 The employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and handle the file and social insurance relationship transfer procedures for the employee within 15 days.

Workers should handle work handover in accordance with the agreement between the parties. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall pay it when the work handover is completed.

The employer shall store the text of the labor contract that has been terminated or terminated for at least two years for future reference.

Article 82 of the "Labor Contract Law of the People's Republic of China" If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall report to the laborer The employee is paid twice the salary every month.

If an employer violates the provisions of this Law and fails to conclude an open-ended labor contract with an employee, it shall pay the employee twice the monthly salary starting from the date when the open-ended labor contract should be concluded.

"Regulations on the Implementation of the Labor Contract Law of the People's Republic of China"

Article 6 The employer fails to enter into a written agreement with the employee for more than one month and less than one year from the date of employment. If there is a labor contract, the employee shall be paid twice the monthly salary in accordance with the provisions of Article 82 of the Labor Contract Law, and a written labor contract shall be concluded with the employee; if the employee does not enter into a written labor contract with the employer, the employer shall The unit shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

The starting time for the employer to pay twice the monthly salary to the employee as specified in the preceding paragraph is the day after one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

Article 7 If the employer fails to conclude a written labor contract with the employee one year from the date of employment, the employer shall In accordance with the provisions of Article 82 of the Labor Contract Law, the employer shall pay twice the monthly salary to the employee and shall be deemed to have entered into an unfixed-term labor contract with the employee on the day when one year has passed since the date of employment. The employer shall immediately sign a labor contract with the employee. The employee shall make a supplementary written labor contract. What should I do if I work in a textile factory without signing a labor contract?

1. If you haven’t signed a labor contract, you can ask for double salary every month. 2. You can apply for labor arbitration to the Labor Arbitration Committee, or you can entrust a lawyer to help you handle it.

Excuse me, I have been working in a factory for about two months without signing a labor contract!

Employers cannot deduct wages from employees, and the employer has not signed a labor contract in accordance with the law. It must pay double wages. If the employer fails to pay social security, you can terminate the labor relationship at any time.

I work in a factory and my left hand is disabled. I have not signed a labor contract. I should

check in advance whether the unit has a legal business license and whether it has paid work-related injury insurance. Then roughly estimate the level of disability based on the severity of the injury and determine the amount of compensation that should be paid according to the law. Once you know what you are doing, you can then negotiate with the employer and see the attitude of the employer. If the employer approves the amount of compensation you request, then that is the best result. Everyone will be happy if you get the money in one go.

If the unit does not approve it, it will not cooperate. Then you need to go to the labor department to find the labor arbitration department to confirm the factual labor relationship, then apply for work-related injury recognition in your own name, and then wait for the suspension of work and salary period to conduct a labor ability appraisal and assess the disability level. As a result, if you go to labor arbitration to apply for arbitration, but your employer refuses to cooperate, you can continue to go to the People's Court with the arbitration result. This is more troublesome. In addition, if it is recognized as a work-related injury, it must be completed within one year of the accident. If I work in a small processing factory without signing a labor contract and lose my accounting book, can I get money back?

If I work in a unit and the worker does not have a contract and no other evidence, then I cannot get my wages back. . Work-related evidence must be provided: salary slips, call records, signing records, etc. I worked in a garment factory for 7 months without signing a labor contract. Now I rarely want to resign but the management said I can’t.

You can handle labor cases by yourself and you can still win, and the labor arbitration committee does not charge any fees. I hope my answer will help you solve your problem, please HI me for more details!

1. The employer breaks the law first. You can leave immediately after you submit your resignation in writing, and require the employer to pay you the wages you owe, deposits, economic compensation, and double wages for unsigned labor contracts (up to 11 months), overtime wages, etc.; starting from the time you leave your job, the labor arbitration statute of limitations is one year!

2. The key is to have evidence proving the labor relationship! For example, work clothes with the company name, work permit or work badge (preferably with official seal), salary card, salary slip, attendance record, social insurance payment record, colleague’s testimony (both current and former employees are acceptable), audio and video recording, or anything else with your name. and official seal files, etc. (including work certificates with official seals, social insurance payment records, files with your name and official seal, one is enough to prove the labor relationship)

3. Applying for labor arbitration is very simple: bring labor arbitration documents Application form, photocopy of ID card, relevant evidence, industrial and commercial registration information, and then go to the local arbitration committee to apply for filing! After the case is filed, you go to work in the new unit without any delay!

Legal basis:

"Labor Contract Law":

Article 10 To establish a labor relationship, a written labor contract must be concluded. If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract must be concluded within one month from the date of employment.

Article 82 If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay twice the monthly salary to the employee.

Article 47 Economic compensation shall be paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker. I worked in a small factory for a month, working 12 hours, without signing a contract, and clocked in at work. Now I quit, can I leave immediately?

Without the constraints of a labor contract, in theory, I can leave immediately. However, it is recommended to say hello to your boss in advance and make a good handover to prevent them from detaining your salary or making other things difficult for you.

I worked in an unregistered small factory for two months. How do I get compensation for being fired? I didn’t sign a labor contract.

Normally, you need to ask the Labor Bureau to have 3 or more people in the factory certify where you are working. Just pass the shift