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How to compensate for failure to sign a labor contract

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How to compensate for failure to sign a labor contract


        

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  • 2024-06-16 14:00:49

    1. Pay double wages.
    Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with a worker more than one month but less than one year from the date of employment, it shall pay twice the salary to the worker every month.

    At the same time, Article 6 of the Regulations on the Implementation of the Labor Contract Law stipulates that 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 in accordance with Article 82 of the Labor Contract Law, and conclude a written labor contract with the worker; If the laborer does not conclude a written labor contract with the Employer, the Employer shall notify the laborer in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

    2. Pay economic compensation.
    According to Article 27 of the Regulations on the Implementation of the Labor Contract Law, the monthly salary of economic compensation specified in Article 47 of the Labor Contract Law shall be calculated according to the wages due to workers, including time wage or piece rate wage, and monetary income such as bonuses, allowances and subsidies. If the average wage of a worker in the 12 months prior to the termination or rescission of the labor contract is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard. If a worker has worked for less than 12 months, the average work shall be calculated according to the number of months actually worked.

    Legal basis

    Article 16 of the Labor Law of the People's Republic of China, a labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties.
    To establish labor relations, a labor contract shall be concluded.

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