Is it allowed to make an announcement once the labor contract is not signed?

1、 No signature Labor contract Is it accurate to tell one thing?

1. Failure to sign a labor contract is not a case of one claim

The employer shall establish the employment relationship within one month Sign labor contract If the worker can provide evidence Labor relations If it has been established for one month, the labor arbitration commission will generally support it in claiming corresponding rights.

2. If the unit has not signed the labor contract for more than one month, it needs to pay double salary

For the reason why no labor contract has been signed, if the employer is unwilling to sign the labor contract, the employee who has established the employment relationship for more than one month but less than one year during this period wages Calculated by twice.

If the employer has not signed a labor contract with the worker for more than one year, the law stipulates that the employer and the worker are deemed to have signed a labor contract Non fixed term labor contract 。

2、 Signed a labor contract, but Invalid labor contract What are the situations?

The situations where a labor contract is signed but invalid include unqualified contract subject, illegal contract content, and untrue declaration of intention.

1. The contract subject is unqualified

For example, the employer has provided false education, degree, professional and technical qualification certificate, and the employer is not qualified for recruitment.

2. The contract content is illegal

That is, the labor contract is contrary to the law statute And good customs, or damage the public interests of the country and society. For example, it is agreed to manufacture methamphetamine and counterfeit money. Labor contracts with illegal contents shall not be protected by law.

3. Unreal declaration of intention

The labor contract is the product of both parties' agreement, and should be the real intention of the parties. A labor contract concluded by means of fraud or threat is invalid because it is against the true will of one party.

4. Illegal contract form

This means that the labor contract is not in written form, the parties have not actually performed their main obligations, or the labor contract that should be verified according to law or at the request of the parties has not been verified. In general, as long as the parties take remedial measures to legalize the form of the contract, the contract can be recognized as valid.

The company may not sign labor contracts with the employees who have already joined the company, and there are also cases of signing contracts Invalidation of contract The situation of. The labor contract has not been signed or is invalid Labor dispute After that, the workers can not directly sue to the court, but need to file a request for labor arbitration.