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Can employees who have resigned without signing a contract apply for double pay

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Can employees who have resigned without signing a contract apply for double pay


        

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  • 2024-06-19 17:01:42

    In case of automatic resignation without signing the labor contract, the employee can apply for double salary compensation, which is the salary amount from the date of self employment to the time of resignation.
    To establish a labor relationship according to Article 10 of the Labor Contract Law of the People's Republic of China, a written labor contract shall be concluded. 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.

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