Legal subjectivity:

Signing a labor contract is a mandatory requirement clearly stipulated by law. If the employer refuses to sign a labor contract, the employer shall bear legal responsibility.

1. Is it a violation of labor law to work in a company without signing a labor contract?

It is illegal for a company not to sign a labor contract. The consequence of an enterprise not signing a contract with its employees in a timely manner is to pay twice the salary every month. The "Labor Contract Law" stipulates that if the employer does not conclude a written labor contract with the employee for one year from the date of employment, the employer and the employee will be deemed to have entered into an open-term labor contract.

2. Legal consequences of not signing a labor contract

The termination of a labor contract refers to the legal effect of terminating the labor contract. In a narrow sense, the termination of a labor contract refers to the rights of both parties to the labor contract as stipulated in the contract

1. Failure to sign a contract does not exempt the employer from its obligation to pay various social insurance premiums for its employees.

According to the law, as long as the employer engages in employment activities and forms a labor relationship with its employees, even if it does not sign a labor contract, the employees will enjoy various rights stipulated in the labor law, and the employer will also be responsible for Various obligations under labor law. Among them, paying various social insurance premiums in accordance with the law is a mandatory legal obligation that the employer cannot be exempted from. If the company fails to pay social insurance premiums, employees can complain to the labor inspection department, which can order the company to pay, or even apply to the court for enforcement and impose penalties on the employer.

2. When the unit terminates or dissolves the de facto labor relationship (dismisses an employee), it needs to pay economic compensation in accordance with the law.

According to the provisions of the law, if the two parties do not sign a written labor contract and the employer terminates or dissolves the labor relationship, it must pay economic compensation to the employee in accordance with the law. If the economic compensation is not paid in accordance with the law, additional compensation must be paid. Additional financial compensation. If a labor contract is signed, when the labor contract expires and the employer terminates the labor contract with the employee, there is no need to pay any financial compensation.

3. If the unit terminates or dissolves the de facto labor relationship (dismisses the employee) and causes the employee to become unemployed, he may be required to compensate for unemployment losses.

If an employee is unable to receive unemployment insurance benefits after being fired because the employer fails to pay unemployment insurance premiums for employees in accordance with the law, the employee can request compensation from the employer in accordance with the law.

4. Employees can terminate the labor contract at any time without any liability or compensation for breach of contract

If the two parties have signed a labor contract, the employee must terminate the labor contract in advance in writing 30 days in advance. Notify the unit, otherwise the labor contract will be terminated illegally and the unit will be liable for compensation in accordance with the law. If the labor contract stipulates that the employee shall be liable for breach of contract if the labor contract is terminated in advance, the unit may also require the employee to bear liability for breach of contract (such as liquidated damages, etc.) in accordance with the law. However, if the unit does not sign a labor contract with the employee, the employee can not only terminate the labor contract at any time, but also does not need to bear liability for breach of contract or compensation liability to the unit.

5. The unit cannot fire employees for failing to pass the probationary period.

The Labor Law stipulates that the labor contract can stipulate a probation period (up to 6 months). During the probation period, if the employee does not meet the employment conditions, the unit can terminate the labor contract at any time without any financial payment. compensation. However, if a labor contract is not signed, there is no probation period (because the verbally agreed probation period is invalid). Although the unit can dismiss the employee, it needs to pay economic compensation in accordance with the law. If the economic compensation is not paid in accordance with the law, additional compensation will be added. Pay additional financial compensation.

6. Failure to sign a labor contract is not conducive to the unit’s protection of business secrets.

One of the elements of a trade secret is that the unit must take certain confidentiality measures for the so-called trade secrets. Agreeing on confidentiality clauses in labor contracts or signing special confidentiality agreements are one of the forms of taking confidentiality measures to keep business secrets confidential. If a confidentiality clause or confidentiality agreement is not signed to clearly define the scope of confidentiality and legal responsibilities, it will be difficult for the unit to prove what is a trade secret and whether it has taken confidentiality measures for the so-called trade secrets it claims, so it may not be recognized as a trade secret. This is very detrimental to the development of enterprises.

7. If the employer fails to sign a labor contract and causes losses to employees, the unit shall be liable for compensation.

If the employer deliberately delays the conclusion of a labor contract (including failure to renew the labor contract in time after expiration) Labor contract), which causes workers to lose wages, work-related injuries, medical treatment and other benefits, in addition to being liable for compensation in accordance with the law, they must also pay 25% of the additional compensation. The labor administrative department can also order the employer to pay compensation, impose administrative penalties, etc.

8. The employer may face administrative penalties from the labor administration department

If the employer does not sign a labor contract, employees can complain to the labor inspection department. Once verified, the labor administration department can order the unit to Corrections may be made and fines may be imposed.

3. Three situations of non-fixed-term labor contracts

1. The employer and the employee can enter into a non-fixed-term labor contract by consensus.

2. When the situation stipulated by law occurs, if the employee proposes or agrees to renew the labor contract, he or she shall enter into an unfixed-term labor contract:

(1) The employee is already in the company The employer has worked continuously for ten years.

(2) When an employer implements the labor contract system for the first time or when a state-owned enterprise restructures and re-establishes a labor contract, the employee has worked continuously in the employer for ten years and is less than ten years away from the legal retirement age.

(3) The employer and the employee enter into two consecutive fixed-term labor contracts.

3. Paragraph 3 of Article 14 of the "Labor Contract Law" stipulates: If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have Enter into an unlimited-term labor contract.

According to legal provisions, it is illegal for a company not to sign a labor contract. The consequence of an enterprise not signing a contract with its employees in a timely manner is to pay twice the salary every month. Legal objectivity:

1. Is it illegal to deny a labor contract to employees? According to Article 16 of the Labor Contract Law: “The labor contract shall be agreed between the employer and the employee through negotiation and shall be approved by the employer and the employee.” The labor contract text shall be signed or stamped to take effect. The employer and the employee shall each hold a copy of the labor contract text.” and Article 81: “The labor contract text provided by the employer does not specify the labor contract requirements stipulated in this law. If the employer fails to deliver the labor contract text to the employee, the labor administrative department shall order it to make corrections; if any damage is caused to the employee, the employer shall bear the liability for compensation." 2. Things to note when signing a contract 1. When signing a contract, the employee must first make corrections. To find out the basic situation of the unit and determine whether it is a legitimate enterprise, you need to know the name of its legal representative, unit address, and phone number. This information can be obtained by searching the industrial and commercial registration information online. At the same time, it is required that these contents be clearly written in the contract. . 2. Workers must clarify their specific work and indicate the content and specific location of the work in the contract. 3. Labor remuneration should be clearly determined and verbal agreements should be avoided. For example, what is the standard salary? Are there bonuses? What standards are bonuses based on? These data must be reflected in the contract, and do not trust the boss's verbal promises. 4. Pay special attention to the probation period. The law stipulates that the probation period shall not exceed six months at most. A contract that only stipulates the probation period is invalid. It is a shame to ask the employee to leave after the probation period is over. During the probation period, the employer shall not terminate the labor relationship without reason; unless the employee Only those who do not meet the recruitment requirements will be let go. 5. The method and time of payment of labor remuneration must be clear, whether it is cash or paid to an account through a bank. Some units tie up workers by deducting one month's wages. This behavior has no legal effect. If the employer refuses to provide the withheld labor remuneration after the labor contract is terminated, the employee can resolve the problem through labor arbitration. 6. Workers’ working hours and working conditions must be clear. In order to earn more money, some workers acquiesce to the company’s requirements for serious overtime work. This is a violation of labor laws. Nowadays, more and more wage disputes are caused by this. rise. In addition, the working environment is toxic and harmful, especially chemical tanning and shoemaking industries, as well as working environments in mechanical processing industries that may cause mechanical injuries to workers. All possible environmental hazards must be included in the contract. The hurt is articulated. 7. Social insurance agreement. Some companies use the saying "you can get more wages if you don't participate in social security" to mislead workers into voluntarily choosing to give up social security. Lawyers remind workers: They must have long-term considerations about social security issues. The longer the working hours, the greater the problem, which involves pension issues; once a work-related injury or accident occurs, the fastest solution is to purchase it through the worker first. Social insurance, quickly choose the green channel of work-related injury insurance subsidies to save lives and heal the wounded. Therefore, having social security means having security. 8. Don’t sign a blank contract. Blank contracts refer to companies that, in order to cope with inspections, produce blank contracts and ask workers to sign and fingerprint them first, which is a formality. The workers do not take the contract seriously, and some contracts are not even stamped. Once a labor dispute occurs, this type of contract is invalid, and at the same time, the cost of workers' rights protection is high. 9. Some contracts stipulate illegal content, such as female employees not allowed to get married and have children, "work-related injuries" for injuries sustained on the job, requiring workers to sign a life-and-death contract, etc. These clauses are legally invalid and workers can refuse to sign. 10. After the labor contract is stamped, the employee and the employer must each keep a copy. The labor contract is the most direct and effective legal document that can be issued by both parties when a labor dispute occurs. When handling work-related injury cases, there are many cases where the employer's request for compensation is rejected because the employee does not have a labor contract in hand. Some companies take away both contracts after the contract is signed. When a dispute occurs, the employee does not have the contract, and the employer does not need to recognize the employee.