2, not signing a contract is actually a risk for the boss, which is clearly stipulated in the labor law. Your situation belongs to the factual contractual relationship. (Factual contractual relationship refers to the transaction form in which both parties have fulfilled their contractual obligations with practical actions, although they have not signed a written agreement. )
Factual labor relationship refers to the labor relationship formed by the fact that the employer and the employee actually fulfilled their labor rights and obligations without concluding a written contract. Its characteristics are: workers provide labor for the employer, accept the management of the employer, abide by the labor discipline of the employer, get the labor remuneration paid by the employer and be protected by the employer. Due to historical reasons and irregular employment system, in practice, many units have the problem of establishing labor relations without signing written contracts.
The "Labor Contract Law" clearly stipulates that a written labor contract should be concluded to establish labor relations. 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. 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 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.
Accordingly, in the case of labor contract law, the existence of factual labor relations will bring two consequences, one is to pay double wages; Secondly, it is regarded as an open-ended contract.
Work plan for June 1
The beautiful and colorful April passed in such a hurry. At the beginning of the month, we were still nervously collecting information and p