First, how can state-owned enterprises compensate if they do not sign labor contracts?
If a state-owned enterprise fails to conclude a written labor contract with its employees for more than one month and less than one year from the date of employment, it shall pay the employees twice the monthly salary. However, if the state-owned enterprise fails to conclude a written labor contract with the employee due to his own fault, the state-owned enterprise should not pay the employee twice the monthly salary.
What needs to be noted here is that the law clearly stipulates that the employer only needs to bear the legal responsibility of paying twice the monthly salary if it does not sign a written labor contract with the employee according to law. If the employee is willing or unwilling to sign a written labor contract with the employer, this clause is not applicable. Because the original intention of the new "Labor Contract Law" legislation is to standardize employers and workers to sign written labor contracts and protect the legitimate rights and interests of workers, rather than giving workers the right to double their wages without signing labor contracts. Therefore, employees who intentionally or unintentionally sign labor contracts are not entitled to double wages, and enterprises can terminate labor relations without paying economic compensation in this case.
Second, what is the process for state-owned enterprises to sign labor contracts?
1, the draft labor contract is generally put forward by the employer to solicit the opinions of the workers to be recruited; It can also be directly negotiated by the recruiter and the administrative representative of the enterprise, such as the factory director, manager, personnel department and section chief.
2. Before signing the labor contract, the employing unit shall truthfully introduce the situation of the unit to the recruited person, and the recruited person shall also have the right to put forward his own opinions and requirements. After full consultation, both parties shall fill in the labor contract with brush or pen, and sign and seal it.
3. After signing the labor contract, it shall apply to the local labor administrative organ for verification, and file with its competent department and local labor department.
3. What are the conditions for concluding a labor contract?
1. The subject of a labor contract consists of a specific employer and a worker. One party to a labor contract is an employer such as an enterprise, institution, organ or organization, and the other party is the laborer himself;
2. Both parties to a labor contract must have the qualification of contract subject. Employers should have legal personality, and private enterprises should mainly have citizenship; Laborers must have the ability to work and the right to work. Workers must be at least 16 years old, be in good health, have a junior high school education or above, and perform well in reality;
3, state-owned enterprises to recruit workers, must be in the national labor employment plan indicators, and to the local labor department for employment procedures.
To sum up, when recruiting employees, state-owned enterprises should strictly follow the provisions of the Labor Law and the Contract Law. It is illegal not to sign a contract for more than one month. Generally, state-owned enterprises have trade unions, where employees can go to defend their rights. Failure to sign the contract within the time limit is double salary compensation. Because it is difficult to determine the salary standard without a contract, you can refer to the salary of the same position.