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Is it allowed that the temporary workers fail to sign the contract

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Is it allowed that the temporary workers fail to sign the contract


        

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  • 2024-06-14 19:01:41

    In theory, as long as the rights and interests of workers are violated, they can submit to the arbitration commission for arbitration to safeguard their own rights and interests. However, when the laborer sued the unit, the labor relationship could not be clarified because the two parties did not sign a labor contract. Therefore, workers need to take the initiative to collect evidence to prove the existence of labor relations with the unit. If you don't sign a contract with the company and sue the company, not all will win the case. When the interests of employees are damaged, employees have the right to protect their own rights and interests. However, when safeguarding their own rights and interests, employees need to know some legal knowledge. When an employee complains against the company when the company lets him work for the company without signing a contract, it should be noted that the complaint should be made within one year after the employee leaves the company. If it takes more than one year for an employee to file a complaint against the company's behavior, the court has the right not to support it. In other words, employees need to appeal to the court within one year after leaving the company. The validity period for employees to safeguard their rights and interests is one year, so that employees can get their own corresponding compensation.
    What clauses should be included in the labor contract
    (1) The name, address, legal representative or principal person in charge of the employer;
    (2) The name, address and resident ID card or other valid ID card number of the worker;
    (3) Term of labor contract;
    (4) Work content and location;
    (5) Working hours, rest and vacation;
    (6) Labor remuneration;
    (7) Social insurance;
    (8) Labor protection, working conditions and occupational hazard protection;
    (9) Other matters required by laws and regulations to be included in the labor contract.
    In addition to the necessary clauses specified in the preceding paragraph, the employer and the employee may agree on other matters such as probation period, training, confidentiality, supplementary insurance, welfare benefits, etc.
    In conclusion, in theory, as long as the rights and interests of workers are violated, they can submit to the arbitration commission for arbitration to safeguard their own rights and interests. Do you understand?
    Labor Contract Law
    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.

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