Legal analysis: If the employee has no labor contract with the employer and resigns, the employer will not refund the deposit, and the employee can look for evidence of labor relationship with the employer, such as work permit or work permit (preferably stamped with official seal), payroll card transaction record, payroll slip, tooling with company name printed on it, tax payment certificate printed and sealed by the local tax bureau, temporary residence permit, attendance record, social security payment record, work order, and colleague testimony (both those who left and were hired). As long as it is proved that there is a labor relationship between the two parties, the laborer can apply for labor arbitration and ask the employer to pay double the salary without signing the labor contract. The employee may require the employer to pay double wages for the unsigned labor contract and unpaid wages from the second month (from the second month of employment, with a maximum of 1 1 month), counting from the employee's resignation.
Legal basis: Article 6 of the Regulations for the Implementation of the Labor Contract Law. 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 in accordance with the provisions of Article 82 of the Labor Contract Law, and make up the written labor contract with the employee; If the employee fails to conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship.