Enquiring knowledgeable people Inquisitive education Hospital Treasury

How to claim compensation for dismissed employees who have not signed a contract

home page

How to claim compensation for dismissed employees who have not signed a contract


        

Submit answer
Favorable reply
  • 2024-06-17 19:01:44

    1. According to the law, if the two parties have not signed a written labor contract, the employer needs to pay economic compensation to the employee according to law when it terminates or terminates the labor relationship.
    2. If economic compensation is not paid according to law, additional economic compensation shall be paid. If a labor contract is signed, when the labor contract expires, the employer and the employee terminate the labor contract, no economic compensation is required to be paid.
    3. If the unit deliberately delays the conclusion of the labor contract (including the failure to renew the labor contract in time after the expiration of the labor contract), resulting in the loss of wages, work-related injuries, and medical treatment, in addition to bearing the liability for compensation according to law, it shall also pay 25% of the additional compensation fees. The labor administrative department may also order the employing unit to pay compensation, impose administrative penalties, etc.
    4. If the employer does not sign a labor contract, the employee can complain to the labor supervision department. Once verified, the labor administrative department can order the employer to make corrections and may impose a fine.
    According to Article 82 of the Labor Contract Law, if an employer 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 salary to the worker every month.
    Article 47 stipulates that economic compensation shall be paid to workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.

    Legal basis

    Article 47 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Calculation of economic compensation] Economic compensation shall be paid to workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.
    If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years.
    The monthly wage mentioned in this article refers to the average wage of the laborer for the twelve months prior to the dissolution or termination of the labor contract.

    Article 82 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Legal liability for not concluding a written labor contract] If an employer 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 salary to the worker every month.
    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.

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):