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I don't want to work after four days without signing a contract

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I don't want to work after four days without signing a contract


        

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  • 2024-06-14 22:00:54

    Has constituted a factual labor relationship. Because no labor contract has been signed, you can ask to leave at any time, and the labor unit must pay your salary. If the labor unit does not agree to pay, you can apply to the labor arbitration institution for arbitration. At the same time, before arbitration, it should be noted that first of all, the facts of the labor relationship with the unit should be confirmed, such as attendance records and documentation records during the work process. Secondly, after confirming the labor relationship, for the illegal behavior of the unit in arrears of wages, the unit can be asked to pay wages again. Do not sign a written labor contract within one month since the date of employment, and double the salary. Third, if the negotiation fails, bring the relevant materials to the labor supervision department to complain, or directly go to the labor arbitration commission where the unit is located to propose labor arbitration.
    What about not signing a contract and not paying wages?
    In the absence of a labor contract, if the company defaults on wages and negotiation fails, workers can complain to the labor administrative department or apply for labor arbitration to safeguard their rights and claim wages.
    If no labor contract is signed and the labor relationship cannot be determined, the worker can still collect evidence from the following aspects:
    (1) Salary payment voucher or record (payroll of employees), and record of payment of various social insurance premiums;
    (2) The work card, service card and other certificates issued by the employer to the workers that can prove their identity;
    (3) Employment records such as recruitment registration form and application form of the employer filled by the laborer;
    (4) Attendance records;
    (5) Testimony of other workers, etc. To sum up, the above is the lawyer's answer to your relevant questions. Are you clear? Article 10 of the Labor Contract Law of the People's Republic of China shall conclude a written labor contract when establishing a labor relationship. If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If an employer and a worker conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

    End***

    2024-06-14 22:00:54

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