How To Deal With Workers' Losses Without Signing Contracts?

There are mainly two kinds of labor contracts.

(1) there is a factual labor relationship, but the employer intentionally does not sign a labor contract.

(2) employment after expiration of labor contract Company Deliberately renewing the labor contract in time.

The second provisions of the former Ministry of labour on the implementation of the issue of "dry matter" (Ministry of labour, No. 1995, No. 309) stipulate that the labor law is applicable to enterprises, individual economic organizations and laborers in China, so long as labor relations are formed, that is, labourers are actually members of enterprises and individual economic organizations and provide them with paid labor.

If the employing unit intentionally fails to sign a labor contract and causes losses to the workers, it shall pay compensation according to the relevant provisions of the original labor department's "compensation for violation of the relevant labor contracts" (third issued by Ministry of labor [1995] 223):

(1) the wages paid to the laborers shall be paid to the labourers according to their wage income, and the compensation fee shall be increased by 25% of the earned income.

(two) the loss of workers' labor protection and treatment should be filled by labor protection allowances and supplies according to the state regulations.

(three) in case of injury caused by work-related injuries and medical treatment, workers shall be provided with work-related injuries and medical treatment according to the state regulations, and the laborers shall also pay 25% of the medical expenses.

(four) the damage to the health of female workers and underage workers shall be paid in addition to the medical treatment provided by the state according to the state regulations, and the compensation cost equivalent to 25% of their medical expenses shall be paid.

(five) other compensation expenses stipulated in the labor contract.

If the employer fails to sign a written labor contract with the laborer, it will bear adverse legal consequences.

In order to solve the inundation of the factual labor relationship in practice and the stubborn illness of the employer's failure to enter into a labor contract, the labor contract law emphasizes the written form of the labor contract, and no matter whether it is made, changed, terminated or terminated. Written Form. Article tenth of the labor contract law stipulates that a written labor contract should be concluded when establishing labor relations. Where a labor relationship has been established and a written labor contract has not been written at the same time, a written labor contract shall be concluded within one month from the date of the employment. The eighty-second provision of the labor contract law stipulates that the employer shall pay two times the monthly salary to the worker if he fails to conclude a written labor contract with the employee for more than one month after the day of his own employment. The fourteenth clause and third paragraph of the labor contract law stipulates that if the employer fails to conclude a written labor contract with a worker for one year from the date of his employment, it is deemed that the employer and the laborer have entered into an unfixed term labor contract. The regulations on the implementation of the labor contract law have also made relevant provisions.

Other compensation provisions:

1. The sixth provision of the regulations on the implementation of the labor contract law stipulates that the employer should not pay the labor contract with the laborers. The longest payment should be 11 months' double wages. The labor contract has not been signed for one year after the date of employment. It is deemed that the two parties have already signed an unfixed term labor contract.

2. The forty-eighth clause of the labor contract law stipulates that the employer shall be employed. Company If a worker fails to continue to fulfil a labor contract or a labor contract, he or she shall pay compensation in violation of the provisions of this law.