Legal analysis
The labor contract is one of the concrete evidences to establish the labor relationship between the employer and the employee, and it is also one of the best evidences to protect the labor rights and interests of the employee, or to go to labor arbitration and prosecution when there is a labor dispute afterwards. The solution is as follows: 1. Negotiate with the employer first and ask the employer to hand over the labor contract. Because the employer has the obligation to sign a contract with the employee within one month after the establishment of labor relations. It is also the right of workers to get the contract back. 2. If negotiation fails, you can complain to the local village street labor dispute office. Comrades in the labor dispute office will investigate and supervise the labor cooperation carried out by enterprises. When problems are found, suggestions will be made, rectification will be made, and enterprises will be punished according to law. 3. It is one of the obligations of the employer to sign labor contracts with employees. If the employer fails to confirm the labor contract from the date of establishing labor relations with the employee, the employer shall pay the employee twice the salary every month. 4. Workers should keep evidence, such as work permit, payroll, photos of workplace, company meeting minutes, etc. The labor contract system clarifies the rights and obligations of both parties to the labor contract. The labor contract law is formulated to standardize the conclusion, performance, alteration, dissolution or termination of labor contracts, clarify the rights and obligations of both parties to labor contracts, promote the establishment of harmonious and stable labor relations, and prevent and reduce the occurrence of labor disputes. Protect the legitimate rights and interests of workers.
legal ground
People's Republic of China (PRC) (China) Labor Contract Law
Article 16 A labor contract shall come into effect after the employer and the employee reach an agreement through consultation and sign or seal the text of the labor contract. The text of the labor contract is held by the employer and the employee respectively.
Article 81 If the text of the labor contract provided by the employer fails to specify the necessary clauses of the labor contract as stipulated in this Law or the employer fails to deliver the text of the labor contract to the laborer, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.