Joke Collection Website - Public benefit messages - I have been working for three days. The company didn't sign the employment contract, why? But it's already clocked in
I have been working for three days. The company didn't sign the employment contract, why? But it's already clocked in
Signing a written labor contract with all workers, including yourself, is one of the main responsibilities of the enterprise personnel manager. If the personnel manager fails to sign a written labor contract with the employing unit for reasons not attributable to the employing unit, it shall be deemed that he has failed to perform his duties, and he shall bear the adverse consequences, and his claim that he has not signed a written labor contract and received twice his salary will not be supported. If the enterprise does not sign the contract, it should pay double wages.
The failure to sign a written labor contract is caused by the fault of the employer and is a prerequisite for the application of Article 82 of the Labor Contract Law. If the employee fails to sign a written labor contract or cannot provide a written labor contract, and the employee wants to get twice the salary compensation through dishonest means, then the responsibility for dishonesty will be borne by the trustworthy, which is not in line with the principles of honesty and fairness. No one can profit from his dishonest behavior, and no one should take advantage of his own mistakes to gain benefits.
Workers who have not signed a labor contract must keep as much evidence as possible to prove their labor, including but not limited to work clothes, work permits, attendance sheets, purchase receipts, work group chat records, leave notes and all other evidence that can prove labor relations:
1, application registration form, employment registration form, employment notice, interview notice SMS, etc. ;
2. Work clothes, passes, brands, work permits, technical certificates, annual inspection records of professional certificates and other documents that can prove work identity;
3. Payrolls, proof of wage income (accounting signature), social insurance records, enterprise annuities, housing accumulation funds or other payment records (the payment of wages in cash can be ignored);
4. Punching records, attendance records, overtime notices, etc. ;
5. Testimony of other workers (unless the colleague has left his job, this article is not operational);
6. Use their own works to publish reports about their deeds in the company's internal publications or company websites;
7. Work record form, purchase contract, sales contract and customer business record signed by myself on behalf of the company;
8. Job description, salary confirmation, post adjustment notice and resignation notice signed by the company;
9. Honorary certificates, awards, penalty notices, trade union membership cards (even thermos cups with company words printed on them). ) issued by the company or the company's trade union;
10, email at work, qq chat record, WeChat record, work arrangement SMS record, etc.
1 1. Audio and video recordings of conversations and work with company leaders;
12, financial loan slip, reimbursement voucher, etc.
13. Records of investigation and inquiry by the traffic police department on work-related injuries caused by traffic accidents;
14, labor inspection department complaint registration, inquiry investigation records, etc. ;
15. The mailing address of the credit card bill is the company.
Does not sign the labor contract have any influence on the company?
If a written labor contract is not signed due to the employer, the employer shall bear the corresponding legal consequences.
1. If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary. According to this regulation, workers can claim double wages of 1 1 month at most.
2. 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.
3. If the employing unit should sign an open-ended labor contract with the employee but fails to sign it, it should pay the employee twice the monthly salary from the date when the open-ended labor contract should be signed. According to this regulation, workers claim that there is no maximum time limit for double wages. For workers, without signing a written labor contract, labor rights and interests will not be guaranteed by law. For employers, failure to sign a written labor contract with workers will be punished.
Legal basis:
Labor Contract Law
Article 82 stipulates: "If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary. If the employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the employee, it shall pay the employee twice the monthly salary from the date when the open-ended labor contract should be concluded. "
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