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Is it illegal not to sign a labor contract during the probation period?

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Is it illegal not to sign a labor contract during the probation period?


        

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  • 2024-06-14 13:01:04

    Is it illegal not to sign a labor contract during the probation period? It is illegal for an employer not to sign a labor contract with a worker during the probation period. According to Article 10 of the Labor Contract Law, a written labor contract shall be concluded 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. The laborer has established a de facto labor relationship with the employer since the day he goes to work. As long as workers provide labor during normal working hours, employers must pay labor remuneration. According to the provisions of Article 11 of the Labor Contract Law, if the employer fails to conclude a written labor contract at the same time of employment, and the labor remuneration agreed with the worker is not clear, the labor remuneration of newly recruited workers shall be subject to the standards specified in the collective contract; In the absence of a collective contract or where it is not stipulated in the collective contract, equal pay for equal work shall be applied.
    If an employer has not concluded a written labor contract with a worker for more than one month but less than one year since 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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