Since he joined the company on April 21 last year and did not sign a labor contract, can he claim compensation?
[Lawyer's Reply] Hello, according to Article 82 of the Labor Contract Law, if an employer has not concluded a written labor contract with a worker for more than one month but less than one year since the date of employment, it should pay twice the salary to the worker every month. You can claim double salary compensation from the second month of employment (May 21, 2024) to April 20, 2025 (up to 11 months). The relocation of the factory is a major change in the objective conditions on which the labor contract was concluded, which makes the labor contract impossible to perform. According to Articles 40 and 46 of the Labor Contract Law, the employer shall notify the worker himself in writing 30 days in advance or pay an additional month's salary to the worker, and may terminate the labor contract and pay economic compensation. You can ask the company to pay economic compensation when leaving the company. The calculation method is: pay one month's salary for every full year of work, and pay half a month's salary for less than six months.
