When will the labor contract be given to the employees?

Generally speaking, the notice of signing a labor contract should be sent to employees within one month after the establishment of labor relations, because employees can theoretically ask the company for double wages from the second month if they do not sign a labor contract for more than one month. However, the law does not stipulate that companies must give notice first, and generally sign contracts directly with employees.

1. How long should the notice of signing the labor contract be given to employees?

Article 10 of the Labor Contract Law stipulates: "To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship will be established from the date of employment. "

Notice of signing a labor contract should be sent to employees within one month, and employees should sign a labor contract within one month. After the employee joins the company, the company shall sign a written labor contract with the employee within one month. If a written labor contract is not signed, the employee shall be paid double salary from the second month.

Risks of not signing a labor contract:

1. Failure to sign a contract According to Article 82 of the Labor Contract Law: "If the employer fails to sign a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary". Therefore, enterprises should pay double wages when dissolving labor relations. If not, employees can apply for labor arbitration.

2. If a contract is signed, according to Article 37 of the Labor Contract Law: "The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. " Employees should notify the enterprise 30 days in advance of their resignation. According to the provisions of Article 90 of the Labor Contract Law: "If a laborer terminates the labor contract in violation of the provisions of this law, or violates the confidentiality obligations or non-competition restrictions stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation." Workers who resign may be liable for compensation; If the contract is not signed, the employee can terminate the relationship at any time without being liable for compensation. As a result, the binding force of enterprises on workers becomes weak.

3. Failure to sign a contract can lead to the establishment of an open-ended labor contract. 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 has concluded an open-ended labor contract with the employee". This is not good for enterprises.

4. The unit cannot dismiss employees on the grounds of unqualified probation. Article 39 of the Labor Law and the Contract Law stipulates that if a worker is proved not to meet the employment conditions during the probation period, the employer may terminate the labor contract. Therefore, if a contract is signed to stipulate the probation period, the enterprise can dismiss employees at any time on the grounds that they do not meet the employment conditions during the probation period without paying economic compensation. If you don't sign the contract, there is no probation period, and you must pay economic compensation for dismissing employees.

5. Failure to sign a contract still cannot exempt employees from the obligation to pay various social security fees. The law stipulates that as long as labor relations exist, enterprises should fulfill all the obligations stipulated in the labor law. If not, workers can complain to the labor inspection department.

2. What does a labor contract generally include?

When signing a labor contract with an employer, workers should pay attention to the terms of the labor contract. The Labor Law stipulates that a labor contract shall be concluded in written form, and generally has the following clauses:

(a) is the term of the labor contract. That is, the start and end time of the labor contract. China's labor contract is divided into fixed term and non-fixed term, and the term is subject to the completion of certain work.

(2) It is the job content. That is, the job and post you are engaged in.

(3) Labor protection and working conditions. This is an important part of the labor contract, covering working hours, rest and vacation, labor safety and health, special protection for female workers and underage workers, vocational training, welfare benefits and so on.

(4) it is labor remuneration. The specific amount, payment items, calculation method and payment date of labor remuneration shall be stated.

(5) Social insurance. Define the social insurance items that employers and workers should participate in.

(6) It is labor discipline.

(seven) the conditions for the termination of the labor contract. It shall be concluded in strict accordance with the relevant provisions of laws and regulations. Do not comply with laws and regulations, do not terminate the labor contract.

(eight) the responsibility for violating the labor contract. The agreement on liquidated damages in the labor contract can only include the agreement on violating the service period and keeping business secrets, and other agreements are invalid.

(IX) Additional obligations of both parties after the termination of the labor contract

As long as the time of signing the contract is within one month, the notice of signing the labor contract can be sent to the employees at the company's discretion within this month. In fact, the company seeks the opinions of the employees in advance. In the month when the contract was not signed, of course, employers and employees were allowed to inspect each other.