I don't know who you are talking about, but I can tell you something briefly. The Labor Contract Law of the People's Republic of China, promulgated in June 2117, makes it very clear that signing or not signing a contract is a factual labor relationship, and those who do not sign a contract can also ask for double wages. Of course, the brothers' purpose is not to double, but to get their hard-earned money. If the labor bureau doesn't handle it, you can go to court.

the premise is that you have prepared all the evidence, such as recordings, written materials, photos, witnesses, etc. Please check the relevant laws specifically.

read the following relevant clauses carefully: Chapter VII: Legal Liability

Introduction

Labor Contract Law

On the premise of clarifying the rights and obligations of both parties to a labor contract, a labor contract focuses on protecting the legitimate rights and interests of workers, which is known as the "protective umbrella" for workers and provides legal guarantee for building and developing harmonious and stable labor relations. As an important milestone in the legal construction of labor security in China, the promulgation and implementation of the labor contract law has far-reaching significance.

this important law, after extensively listening to and seriously absorbing the opinions of all sectors of society, reasonably regulates labor relations, is another model of democratic legislation and scientific legislation, and provides legal guarantee for the construction and development of harmonious and stable labor relations, which will surely have a far-reaching impact on China's economic and social life. [1]

Promulgated by the NPC Standing Committee

No.65 of the People's Republic of China

Promulgated on June 29, 2117

Effective on July 1, 2118

2 New Labor Contract Law

Newly revised. The biggest highlight of the New Deal is that it clearly stipulates that "temporary workers" have the right to receive equal pay for equal work with "regular workers" of the employing units, and gives the human and social departments the right to carry out administrative licensing for operating labor dispatch business according to law.

3 Scope of application

Basically, the labor contract law is applicable to the labor relations between natural persons and between units (even state organs) and natural persons in China. The specific provisions are as follows:

This Law is applicable to the people's Republic of China, enterprises, individual economic organizations, private non-enterprise units and other organizations within China that establish labor relations with laborers and conclude, perform, modify, dissolve or terminate labor contracts. State organs, institutions, social organizations and laborers who have established labor relations with them shall conclude, perform, change, dissolve or terminate labor contracts in accordance with this Law. [1]

4 Presidential Decree

Presidential Decree of the People's Republic of China

No.65

The Labor Contract Law of the People's Republic of China was adopted by the 28th meeting of the 11th the NPC Standing Committee of the People's Republic of China on June 29th, 2117, and is hereby promulgated and shall come into force on October 1th, 2118.

President Hu Jintao of the People's Republic of China No.73

Decision of the NPC Standing Committee on Amending the Labor Contract Law of the People's Republic of China, which was adopted at the 31th meeting of the 11th the NPC Standing Committee of the People's Republic of China on February 28th, 2112, is hereby promulgated and shall come into force as of July 1th, 2113.

Hu Jintao, President of the People's Republic of China

February 28, 2112

the NPC Standing Committee's decision on amending the Labor Contract Law of the People's Republic of China

(adopted at the 31th session of the 11th the NPC Standing Committee on February 28, 2112)

The employer and the employee can conclude a fixed-term labor contract through consultation.

article 14 an open-ended labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.

the employer and the employee can conclude an open-ended labor contract through consultation. Under any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

(1) The employee has worked in the employer continuously for ten years;

(2) When the employing unit first implements the labor contract system or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked continuously in the employing unit for ten years and is less than ten years away from the statutory retirement age;

(3) where a fixed-term labor contract has been concluded for two consecutive times, and the employee does not have the circumstances specified in Items 1 and 2 of Article 39 and Article 41 of this Law, and the labor contract is renewed.

if the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it is deemed that the employer and the employee have concluded an open-ended labor contract.

article 15 a labor contract with the completion of a certain task as the term refers to a labor contract in which the employer and the employee agree that the completion of a certain job is the term of the contract.

the employer and the employee can conclude a labor contract with the completion of certain tasks as the term.

article 16 a labor contract shall come into effect after the employer and the employee reach an agreement through consultation, and the text of the labor contract shall be signed or sealed by the employer and the employee.

the text of the labor contract shall be held by the employer and the employee respectively.

Article 17 A labor contract shall contain the following clauses:

(1) The name, domicile and legal representative or principal responsible person of the employing unit;

(2) the name and address of the laborer and the number of the resident identity card or other valid identity documents;

(3) the term of the labor contract;

(4) Work content and work place;

(5) working hours and rest and vacation;

(6) labor remuneration;

(7) social insurance;

(8) labor protection, working conditions and protection against occupational hazards;

(9) other matters that should be included in the labor contract as stipulated by laws and regulations.

in addition to the necessary clauses specified in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits.

Article 18 If the standard stipulations on labor remuneration and working conditions in a labor contract are not clear and cause disputes, the employer and the employee may negotiate again; If negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; If there is no collective contract or the collective contract does not stipulate working conditions and other standards, the relevant provisions of the state shall apply.

Article 19 If the term of a labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months.

the same employer and the same employee can only agree on a probation period once.

a probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months.

the probation period is included in the term of the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract.

article 21 the salary of a worker during the probation period shall not be lower than the lowest salary of the same position in the unit or 81% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard where the employer is located.

article 21 during the probation period, the employing unit shall not terminate the labor contract, except for the circumstances stipulated in items 1 and 2 of article 39 and article 41 of this law. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee.

article 22 if an employer provides special training fees for its employees and provides them with professional and technical training, it may conclude an agreement with the employee to stipulate the service period.

if the laborer violates the service period agreement, he shall pay liquidated damages to the employer as agreed. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the workers to pay shall not exceed the training expenses that should be shared for the unfulfilled part of the service period.

if the service period is agreed between the employer and the employee, it will not affect the improvement of the employee's remuneration during the service period according to the normal wage adjustment mechanism.

Article 44 A labor contract shall be terminated under any of the following circumstances:

(1) The labor contract expires;

(2) The laborer begins to enjoy the basic old-age insurance benefits according to law;

(3) The laborer dies, or is declared dead or missing by the people's court;

(4) The employer is declared bankrupt according to law;

(5) The business license of the employing unit is revoked, ordered to close, revoked or the employing unit decides to dissolve ahead of schedule;

(6) other circumstances stipulated by laws and administrative regulations.

article 45 upon expiration of a labor contract, if one of the circumstances specified in article 42 of this law occurs, the labor contract shall be extended until the corresponding circumstances disappear. However, the termination of the labor contract of workers who have lost or partially lost their ability to work as stipulated in the second paragraph of Article 42 of this Law shall be implemented in accordance with the relevant provisions of the state on industrial injury insurance.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee:

(1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 41 of this Law;

(4) the employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) The fixed-term labor contract is terminated in accordance with the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) the labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(7) other circumstances stipulated by laws and administrative regulations.

article 47 the economic compensation shall be paid to the laborer according to the number of years he has worked in the unit and the standard of paying one month's salary for each full year. 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.

if the monthly salary of a worker is three times higher than the average monthly salary of employees in the local area published by the municipal people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the maximum period for paying economic compensation to the worker is not more than 12 years.

the monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

article 48 if the employer dissolves or terminates the labor contract in violation of the provisions of this law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with the provisions of Article 47 of this Law.

article 49 the state shall take measures to establish and improve the system of trans-regional transfer and connection of workers' social insurance relations.

Article 51 The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities of transferring the relationship between files and social insurance for the workers within 15 days.

the laborer shall handle the work handover as agreed by both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it shall pay it at the time of completion of the work handover.

the employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Chapter V Special Provisions

Section 1 Collective Contracts

Article 51 On the one hand, the employees of an enterprise and the employing unit can conclude a collective contract on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare through equal consultation. The draft collective contract shall be submitted to the workers' congress or all the workers for discussion and adoption.

a collective contract is concluded between the trade union and the employer on behalf of the employees of the enterprise; For an employer that has not established a trade union, the superior trade union shall guide the representatives elected by the workers to conclude with the employer.

article 52 an enterprise employee and the employing unit may conclude special collective contracts such as labor safety and health, protection of female employees' rights and interests, and wage adjustment mechanism.

article 53 in areas below the county level, industrial collective contracts or regional collective contracts may be concluded between trade unions and representatives of enterprises in industries such as construction, mining and catering services.

article 54 after a collective contract is concluded, it shall be submitted to the labor administrative department; If the labor administrative department does not raise any objection within fifteen days from the date of receiving the text of the collective contract, the collective contract shall take effect.

Collective contracts concluded according to law are binding on employers and workers. Industrial and regional collective contracts are binding on local employers and workers in this industry and region.

Article 55 The standards of labor remuneration and working conditions in a collective contract shall not be lower than the minimum standards stipulated by the local people's government; The standards of labor remuneration and working conditions in the labor contract concluded between the employer and the employee shall not be lower than those stipulated in the collective contract.

article 56 if an employer violates a collective contract and infringes upon the labor rights and interests of employees, the trade union may require the employer to bear the responsibility according to law; Disputes arising from the performance of the collective contract cannot be resolved through consultation, and the trade union may apply for arbitration or bring a lawsuit according to law.

Section II Labor Dispatch

Article 57 To operate labor dispatch business, the following conditions shall be met:

(1) The registered capital shall not be less than RMB 2 million;

(2) Having a fixed business place and facilities suitable for conducting business;

(3) It has a labor dispatch management system that complies with laws and administrative regulations;

(4) other conditions stipulated by laws and administrative regulations.

to engage in labor dispatch business, an administrative license shall be applied to the labor administrative department according to law; If it is approved, it shall go through the corresponding company registration according to law. Without permission, no unit or individual may engage in labor dispatch business.

article 58 the labor dispatch unit is the employing unit referred to in this law, and shall fulfill the obligations of the employing unit to the laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall not only specify the matters specified in Article 17 of this Law, but also specify the employing unit of the dispatched worker, the dispatch period, the post, etc.

the labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years, and pay the labor remuneration monthly; During the period when the dispatched workers are not working, the labor dispatch unit shall pay them monthly remuneration according to the minimum wage standard stipulated by the local people's government.

article 59 a labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts employment in the form of labor dispatch (hereinafter referred to as the employing unit). The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, and the responsibility for violating the agreement.

the employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment period into several short periods.