If The Company Does Not Sign Labor Contracts And Make Excuses, Can Employees Claim Compensation For Breach Of Contract?

Kang Linlin: 3 years ago, I went to a film culture company as a pre sales salesman, and the company never signed a labor contract with me. Some days ago, the company fired me on the grounds of poor sales and hard work, but my performance was not the lowest in the company, nor did I not work hard. Now I want to apply for labor arbitration. Can I ask the company to pay two times the difference of wages and pay compensation for illegal labor contracts?

Yang Xuefeng: according to Regulations on the implementation of the labor contract law "Article seventh provides that if the employer fails to conclude a written labor contract with a worker for a full year after the day of his own employment, he shall pay the worker two times the amount of labor in accordance with the provisions of article eighty-second of the labor contract law on the day before the date of full employment from one day to one year before the expiration of one month from the day of his own employment. He shall make an unfixed term labor contract with the laborer on the date of the day of his own employment, and shall immediately make a written supplement with the worker. Labor contract 。

According to Labor Contract Law "Article eighty-seventh provides that if an employer violates the provisions of this law to terminate or terminate the labor contract, it shall pay compensation to the laborer in accordance with two times the standard of economic compensation stipulated in the forty-seventh provision of this law. Therefore, in accordance with the relevant laws and regulations, you have the right to require the company to pay compensation at the same time.

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During winter vacation, some college students choose part-time jobs. However, due to the lack of awareness of rights protection, they often face difficulties in salary and other difficulties. The legal profession reminds college students that even temporary workers should establish formal labor relations with employers.

"Establishing a formal labor relationship with the employing units is to protect their legitimate labor rights and interests, otherwise it is very easy to be identified by the employer's labor relations." Zhao Yongning, a lawyer at Gansu de she law firm, said that workers signed a labor contract, and their rights such as wages, labor protection, work injury protection, rest and vacation could be better protected.

Many college students tend to work in the short term. Zhao Yongning suggested that such groups could consider signing a labor contract with no fixed term, that is, the termination time of the labor contract is not specified. In this case, the university students can leave their jobs at any time according to their own time. For a part-time worker who does not work for more than 4 hours a day and does not work for more than 24 hours per week, the employer may conclude an oral labor contract with a worker without any relevant restrictions.

Experts believe that when a university student chooses a unit of employment, he should first make some necessary investigation and understanding to the employer. In particular, some employers are in the presence of a certain unit, office and so on. They should check whether the parent company or the company is there, and verify its business license and institution code. Secondly, whenever the Employer receives a deposit or needs to pay part of his money or buy some products in his money, he should be vigilant in whatever name he is in order to avoid being deceived.

The legal profession also reminds that when college students encounter labor rights and interests being infringed, they may complain to the local labor administrative departments, or expose them through the news media or labor arbitration and lawsuits in accordance with the law. As college students themselves, they should abide by relevant laws and regulations, abide by the relevant rules and regulations of employers' units, and provide the employers with real identity information and qualification information, which is the premise of safeguarding their legitimate rights and interests.