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Did not sign a labor contract, but paid social security to pay compensation?
Legal analysis
Workers who purchase social security without signing a labor contract may ask the employer to pay double salary compensation. Paying social insurance is the legal obligation of the employer, and so is signing a labor contract. These are two legal concepts that do not affect each other. No matter whether you pay social security or not, you must sign a written labor contract. If you don't sign a labor contract, you can ask for double wages. If the employer fails to sign 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. This limitation period should be calculated from the time when the laborer resigns from the original unit like a wage dispute. There is no law. In general, eleven months' double pay is calculated in this case, and the limitation period is one year from the date when the employer and the employee sign the labor contract. Although the company has paid social security, it is also illegal to sign a labor contract. Workers can complain or ask the company to pay twice the salary. Signing a labor contract can be more conducive to safeguarding the legitimate rights and interests of workers, and it is necessary to sign it in accordance with relevant regulations.
legal ground
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 but 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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