In the real society, we know that there are not only cases where employers do not sign written labor contracts with workers, but also cases where workers are unwilling to sign labor contracts. In this regard, in the following, I will specifically introduce how to deal with employees who are unwilling to sign labor contracts. I hope the content shared will be helpful to you.

First, how to deal with employees' reluctance to sign labor contracts

What if employees are unwilling to sign labor contracts? The specific response is as follows:

1. For new employees, they can only go to work on the day of employment, and those who do not sign labor contracts will not be hired immediately.

2. For employees who have signed labor contracts, make a labor contract signing list for employees to sign.

3. For some employees who may be unwilling to sign labor contracts with enterprises for some reasons, enterprises need such employees more. Can be handled as follows:

(1) Explain as far as possible that signing a labor contract is a kind of protection for oneself, which can shorten the term of the labor contract, let him sign the contract first, and then recruit replacement personnel as soon as possible;

(2)

If the employee refuses to sign a labor contract, the employer must require the employee to sign a statement that he is unwilling to sign a labor contract, and prove that it is the employee's own will not to sign a labor contract, and at the same time give up the right to double the salary and sign an open-ended labor contract, and bear the legal responsibilities arising therefrom;

(3)

Issue a notice on the bulletin board of the enterprise, which proves that the enterprise has notified the employee to sign the labor contract, but the employee personally requests not to sign the labor contract.

(4)

At the same time, the trade union is required to issue relevant certificates to prove that the individual worker requests not to sign a labor contract.

4. For employees who are unwilling to sign the statement of not signing the labor contract, the enterprise must immediately terminate the labor relationship with them, so as not to cause unnecessary labor and employment risks to the enterprise.

2. What are the principles for signing a labor contract?

The employer shall follow the following principles when signing a labor contract:

1. principle of legality: the principle of legality requires that the form and content of the labor contract be legal. According to the Labor Contract Law, except for full-time employment, labor contracts should be concluded in written form. The contents of a labor contract must have necessary clauses and must not violate the law.

2. The principle of fairness: The principle of fairness requires that the contents of the labor contract be fair and reasonable, and the employer shall not make the terms of the contract obviously unfair by suppressing the workers in a strong position.

3. Principle of equality and voluntariness: It means that workers and employers have equal legal status when concluding a labor contract, and the conclusion of a labor contract is entirely based on the true intention of both workers and employers and is voluntary.

4. Principle of consensus: The principle of consensus means that the terms of the contract are reached by both parties through consultation, and neither party may impose its will on the other party or forcibly conclude a labor contract.

5. Good faith principle: Good faith principle is a basic social moral principle, which should be followed when dealing with people. When concluding a labor contract, the employer and the employee shall be honest and trustworthy, and shall not cheat each other. According to the provisions of the Labor Contract Law, when employing workers, the employer shall truthfully inform the workers of their work content, working conditions, workplace, occupational hazards, safe production conditions, labor remuneration and other information that the workers require to know; The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it.

To sum up, sort out the relevant content about unwilling to sign a labor contract. In this way, if an employee is unwilling to sign a labor contract, the unit can refuse to hire him at this time, thus avoiding the unit from bearing adverse legal consequences. If you have more questions about this, we provide professional legal consulting services.