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Does the company have compensation for dismissing employees without reason without signing labor contract?

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Does the company have compensation for dismissing employees without reason without signing labor contract?


        

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  • 2024-06-13 18:00:58

    Does the company have compensation for dismissing employees without reason without signing labor contract? If the company has no reason to dismiss the employee without signing a labor contract, is there any compensation? If the employer has not signed a labor contract with the employee, and the employee resigns without reason, the employee can apply for labor arbitration to require the employer to pay compensation for the illegal termination of labor relations, double the salary of the unsigned labor contract (starting from the second month of employment, up to 11 months), etc. 1. When applying for labor arbitration, labor shall bring the arbitration application, copy of ID card, relevant evidence, and industrial and commercial registration information of the employer (required in some areas). After the case is filed, the court session is held, and then mediation is conducted. If mediation fails, the Arbitration Commission will issue an award. The labor arbitration commission does not charge fees; 2. For labor disputes, evidence proving labor relations is the key, such as work card or work card (preferably stamped with official seal), payroll card transaction records, payslip, tooling with company name, personal income tax payment certificate printed and stamped at the local tax bureau, temporary residence permit handled for you by the employer, attendance records, social insurance payment records, work assignment form Colleague testimonies (those who leave the office can), audio and video recordings or other written materials with your name and official seal or the signature of the boss; Of course, there is no evidence to apply for labor arbitration, but there is a risk of losing the lawsuit; 3. If professionals are asked for guidance, labor cases can be handled by themselves, and they can also win the case, and the labor arbitration commission will not charge fees. During the period of applying for labor arbitration, the laborer shall not be delayed to work in the new unit. Article 10 of the Labor Contract Law 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. Article 82 If an employing unit fails to conclude a written labor contract with a worker more than one month but less than one year after the date of employment, it shall pay twice the monthly salary to the worker. If an employer, in violation of the provisions of this Law, does not conclude a non fixed term labor contract with a worker, it shall pay twice the salary to the worker every month from the date when the non fixed term labor contract should be concluded. Do you understand this explanation?

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    2024-06-13 18:00:58

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