As long as there is relevant evidence, applying for labor arbitration can win the case, and labor arbitration is free, so you can handle it yourself without asking a lawyer! I am a labor arbitrator and can consult labor arbitration, labor disputes and enterprise labor law.
1, the unit seriously violates the law, and the labor contract law stipulates that the labor contract shall be signed within one month after the establishment of labor relations.
2. You can resign at any time because of the company's illegal behavior and ask the company to pay you economic compensation, double salary (maximum 1 1 month), overtime pay, social insurance, etc.
As a labor dispute, you should apply for labor arbitration as soon as possible. You don't need to take any responsibility, and you can leave at any time after you leave in writing. The unit has no right to withhold your salary.
4. Collect some evidence that can prove your labor relationship with this company, such as tooling (with the word company), work permit (preferably with official seal) and work permit (preferably with official seal).
, salary card/slip, attendance record, social security payment record, colleague testimony, etc.
Relevant legal basis
Labor contract law:
Article 10 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.
Article 82 If an employer fails to conclude 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.
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit.
For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
Law on mediation and arbitration of labor disputes
Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) other labor disputes as prescribed by laws and regulations.