What should I do if I don’t sign a labor contract? ——Guidelines for the Protection of Workers’ Rights and Interests
In the workplace, labor contracts are important legal documents that protect the legitimate rights and interests of workers. However, in reality, some employers have not signed written labor contracts with workers, making it difficult for workers to safeguard their rights. This article will give you a detailed analysis based on the hot topics and hot content on the Internet in the past 10 days.“What should I do if I don’t sign a labor contract?”, and provide structured data and recommendations.
1. Legal consequences of not signing a labor contract
According to Articles 10 and 82 of the Labor Contract Law of the People's Republic of China, the employer shall sign a written labor contract with the employee within one month from the date of employment. If not signed, workers can claim the following rights:
| situation | legal consequences |
|---|---|
| Employment for more than 1 month but less than 1 year | The employer must pay double wages (calculated from the second month of employment) |
| After one year of employment without signing a contract | It is regarded as signing an open-term labor contract and requires double salary for 11 months. |
2. Steps to safeguard workers’ rights
If a labor contract is not signed, workers can safeguard their rights and interests through the following procedures:
| steps | Specific operations |
|---|---|
| 1. Gather evidence | Salary transfer records, attendance records, work chat records, work badges, etc. |
| 2. Negotiation and mediation | Communicate with the employer and request a replacement contract or payment of compensation |
| 3. Apply for labor arbitration | Submit a complaint to the local labor arbitration committee (limitation: within 1 year) |
| 4. File a lawsuit | If you are dissatisfied with the arbitration result, you may file a lawsuit in court |
3. Analysis of hot cases (last 10 days)
The following are cases of unsigned labor contracts that have been discussed frequently on the Internet recently:
| Case | result |
|---|---|
| Delivery rider who didn’t sign a contract gets double salary compensation | The court found that there was a de facto labor relationship and ordered the platform to pay compensation |
| Interns successfully defended their rights | The arbitration committee ruled that the internship agreement is regarded as a labor contract, and the employer must pay social security premiums. |
4. Precautions
1.Timeliness: Claims for double wages must be made within one year of employment. If you exceed the deadline, you may lose your rights.
2.chain of evidence: Keep all materials that can prove the labor relationship, such as work uniforms, work group chat records, etc.
3.legal advice: It is recommended to obtain professional help through the 12348 legal aid hotline or the local trade union.
5. Summary
Failure to sign a labor contract does not mean that workers’ rights and interests cannot be protected. Through legal channels, workers can claim rights such as double wages and back payment of social security. The key is to act promptly and preserve the evidence. If you are facing similar problems, please follow the steps in this article to safeguard your legitimate rights and interests.
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