Is it illegal for factory recruiters not to sign contracts?

It is illegal for the company not to sign a labor contract with you. If you want to sign a new labor contract now, you can. But you should pay attention to one problem, the date of signing the labor contract, which is very important. You'd better write down the time when you signed up, not the time when you first came to work in the company. The date of signing and the term of the labor contract are two issues. It doesn't matter whether the term of the labor contract can be written forward for several months or not.

1. Is it illegal for the company to have no labor contract?

It is illegal for the company not to sign a labor contract with you. If you want to sign a new labor contract now, you can. But you should pay attention to one problem, the date of signing the labor contract, which is very important. You'd better write down the time when you signed up, not the time when you first came to work in the company. The date of signing and the term of the labor contract are two issues. It doesn't matter whether the term of the labor contract can be written forward for several months or not.

(1) your's labor relations can be proved by these materials: labor contract (whether it can be reissued or not, as long as both parties sign and seal it), attendance sheet, pass, employee card, worker's testimony, etc. Including the resignation report you mentioned, but it is difficult to get the signature of the unit leader, and it is also very troublesome for the leader to sign, so it is difficult to prove his identity. Your so-called fake contract is the key evidence to prove the labor relationship.

(2) The probation period can only be agreed by both parties, not by one party. If there is no agreement between the two parties, it shall be deemed as no probation period. Even during the probation period, the employer should sign a labor contract with you and pay social insurance premiums.

(3) You can claim overtime, but according to the law, you must provide evidence to prove the existence of overtime. Generally speaking, duty records, attendance records and work schedules of the unit are the most powerful evidence. In addition, witness testimony is ok, but it is weak and unlikely to be accepted.

Second, the method of not signing a labor contract to prove the labor relationship with the company

(1) Legal basis:

Article 10 of the Labor Contract Law establishes labor relations and shall conclude a written labor contract.

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.

(two) if the employer has not signed a labor contract with the employee, it may refer to the following documents when determining the existence of labor relations between the two parties:

1, wage payment voucher or record (employee wage roster), record of paying various social insurance premiums;

2, the employer issued to the workers "work permit", "service certificate" and other documents that can prove identity;

3. Recruitment records such as Registration Form and Registration Form filled out by employees;

4. Attendance record;

5. Testimonies of other workers, etc.

To sum up, we can know that China's laws clearly stipulate that the employer shall sign a labor contract in time after hiring workers. If a labor contract has not been signed within one month of the laborer's formal work, then it is necessary to compensate the laborer for double wages. After all, it violates the rules of hair pulling.