Legal analysis:
Conclusion: probation period not Sign labor contract Labor arbitration is allowed.
Labor arbitration can be conducted if no labor contract is signed during the probation period. Produced by workers and employers Labor disputes , can apply to the labor arbitration committee for arbitration according to law, and can submit attendance records wages Payment voucher and other evidences proving the existence of both parties Labor relations 。
Legal basis:
The People's Republic of China Labor dispute arbitration Article 5 of the Mediation Law
happen Labor dispute If the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration committee for arbitration; If they are not satisfied with the arbitral award, they may file a lawsuit with the people's court, unless otherwise provided for in this Law litigation 。
Article 9
The employing unit, in violation of State regulations, defaults or fails to pay labor remuneration in full, or defaults Injury on-the-Job Medical expenses , economic compensation or damages A worker may file a complaint with the labor administrative department, which shall handle it according to law.
lawyer Tips:
The People's Republic of China Labor Contract Law 》Article 22
If an employer provides special training fees for workers and provides them with professional and technical training, it may conclude an agreement with the worker to stipulate the service period.
If a worker violates the agreement on the service period, he shall pay the employer in accordance with the agreement Liquidated damages 。 The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages required to be paid by the employer shall not exceed the training expenses that should be shared for the part of the service period that has not been performed.
Article 25
Except for the circumstances specified in Articles 22 and 23 of this Law, the Employer may not agree with the laborer that the laborer shall bear the liquidated damages. Can labor arbitration be conducted if no labor contract is signed during the probation period. If you need the assistance of a lawyer to solve the problem, click the Consultation button to explain in detail the legal problems you encounter, and professional lawyers will serve you one-on-one.
Relevant supplement 1:
Whether labor arbitration can be conducted if no labor contract is signed during the probation period
Conclusion: Labor arbitration can be conducted if no labor contract is signed during the probation period.
Labor arbitration can be conducted if no labor contract is signed during the probation period. The employer shall conclude a contract with the worker within one month from the date of employment Labor contract 。
If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay twice the monthly salary to the worker.
The employer violates the contract statute Definitely not concluded with workers Non fixed term labor contract The employee shall be paid twice the salary every month from the date of signing the open-ended labor contract.
If the employer violates the provisions of the Labor Contract Law, the worker may Apply for labor arbitration 。
Relevant supplement 2:
Whether labor arbitration can be conducted if no labor contract is signed during the probation period
Conclusion: Labor arbitration can be conducted if no labor contract is signed during the probation period.
Labor arbitration can be conducted if no labor contract is signed during the probation period. The employer shall conclude a labor contract with the worker within one month from the date of employment.
If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay twice the monthly salary to the worker.
If an employing unit, in violation of the provisions of this Law, does not conclude an open-ended labor contract with a worker, it shall pay twice the salary to the worker every month from the date of the conclusion of the open-ended labor contract.
If the employer violates the provisions of the Labor Contract Law, the worker can apply for labor arbitration.
2023-12-31 15:28:00 Reply
