Job Recruitment Website - Social security inquiry - Can I ask for double pay if I buy social security and don't sign a labor contract?
Can I ask for double pay if I buy social security and don't sign a labor contract?
1, you can apply for double wage labor arbitration without signing a labor contract; 2. You can apply for labor arbitration to claim economic compensation. This claim is entirely up to you. As for whether it can be supported, it depends on the fact that the labor arbitration commission has made a ruling based on facts and laws. In fact, there is indeed evidence that the company has violated the labor contract law, so that you have to be forced to notify to terminate the factual labor relationship in order to get support. If the company proposes to dissolve the labor relationship, it can be divided into legal dissolution and illegal dissolution. Legal termination can claim economic compensation, and illegal termination can claim economic compensation. If you propose to terminate the labor relationship, you should distinguish whether your reasons are in accordance with the law. If the other party should bear legal responsibility, it should be borne by the other party. If the reason is not within the provisions of the corresponding legal provisions, the consequences of the ruling are hard to say, but it is certainly possible to put it forward. These two requests are different legal relations and can be made at the same time.
Legal objectivity:
Article 82 of the Labor Contract Law of People's Republic of China (PRC), if the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary. Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.
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