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What if the factory doesn't sign labor contracts with workers?

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What if the factory doesn't sign labor contracts with workers?


        

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  • 2024-06-14 10:00:58

    What if the factory doesn't sign labor contracts with workers? If the employer does not sign a contract for one year, it is defaulted to be a non fixed term contract, and it can also file an arbitration application with the labor arbitration department. The details are as follows: Article 14 of the Labor Contract Law of the People's Republic of China, a non fixed term labor contract, refers to a labor contract that has no fixed termination time agreed between the employer and the employee. An employer and a worker may conclude a non fixed term labor contract upon consensus. If an employer fails to conclude a written labor contract with a worker at the end of one year from the date of employment, it shall be deemed that the employer has concluded a non fixed term labor contract with the worker. Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law applies to the following labor disputes between employers and workers within the territory of the People's Republic of China: (2) disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts; Compensation for failure to sign a labor contract: Article 82 of the Labor Contract Law of the People's Republic of China, if an employer fails to sign a written labor contract with a worker for more than one month but less than one year from 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. Time limit for arbitration and required materials: Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, the time limit for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be counted from the date on which the parties knew or should have known that their rights had been infringed. The limitation of time for arbitration prescribed in the preceding paragraph shall be interrupted when one party claims rights from the other party, or requests relief from the relevant department, or the other party agrees to perform its obligations. The limitation period for arbitration shall be recalculated from the time of interruption. If the parties are unable to apply for arbitration within the time limit for arbitration specified in the first paragraph of this Article due to force majeure or other justified reasons, the time limit for arbitration shall be suspended. The limitation period for arbitration shall continue to count from the date when the reason for suspending the limitation period is eliminated. If a dispute arises due to the arrears of labor remuneration during the duration of the labor relationship, the laborer's application for arbitration shall not be subject to the limitation period for arbitration as stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship. Article 28 When applying for arbitration, the applicant shall submit a written application for arbitration and submit copies according to the number of the respondent. The application for arbitration shall state the following items: (1) the name, gender, age, occupation, work unit and residence of the worker, the name and residence of the employer, and the name and position of the legal representative or principal person in charge; (2) The arbitration claim and the facts and reasons on which it is based; (3) Evidence and its source, name and address of witness. If it is really difficult to write an arbitration application, an oral application may be made, which shall be recorded by the labor dispute arbitration committee and notified to the other party.

    D***

    2024-06-14 10:00:58

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