1, you due to the existence of de facto labor relations. The company should sign a labor contract with you, the labor contract law clearly stipulates that from the day of employment within one month, the employer must sign a labor contract with the workers. Otherwise, the employer must be responsible for this.
2, you can the company did not sign a contract with you, you can ask the company to pay you twice the wages. And dismiss you without cause, you need to pay you a certain amount of economic compensation costs. This is the labor contract law clearly stipulated. The following will give you a list of legal basis.
3, the labor contract law provides that the employer does not enter into a written labor contract with the worker for one year from the date of employment, the employer is deemed to have entered into an open-ended labor contract with the worker. Moreover, if the employer does not conclude an open-term labor contract with the worker in violation of the provisions of this law, the employer shall pay the worker double wages per month from the date when the open-term labor contract should have been concluded. This is because the obligation to pay double wages is stipulated in the Labor Contract Law, which came into effect on January 1, 2008, so you can ask your company to pay you double wages. So you can ask your company to pay you double wages from January 1, 2008 until the time you contacted the company for labor relations. People generally think that they can only receive double wages for not more than 11 months, which is not true. Because from January 1, 09 after the company did not give you an open-ended contract, should also be from January 1, 09 to pay you double wages. This later law will show you.
4, if your company has not paid your social insurance premiums, the company should also pay you economic compensation. This is in accordance with your years of service involved in the calculation of the problem. Need evidence to prove that you work in the company's years.
5, you must apply to the local Labor Arbitration Commission arbitration. Specifics you can go directly to the Labor Security Bureau, over there to consult, the staff there will tell you how to write the application. If the arbitration results are not convinced, you can go to court later. Generally your situation can be resolved through arbitration.
6, it is recommended that you hire a local lawyer, which involves the relevant compensation costs need to be calculated, you or hire a lawyer, let the lawyer to give you the calculation of compensation costs and apply for labor arbitration.
Finally, you have to pay attention to collect relevant evidence, can prove that you work in the company's fact and years of work. There is evidence to say. If you don't have it, let your colleagues there testify for you. And you to the labor bureau when you can by the way to report your company illegal employment, did not sign a labor agreement with the workers of the illegal situation.
Legal basis:
Article 10 The establishment of labor relations, shall enter into a written labor contract.
Where 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.
Article 14: An open-term labor contract means a labor contract in which the employer and the worker agree that there is no definite time for termination.
An open-term labor contract may be concluded by consensus between the employer and the worker. If the worker proposes or agrees to renew or conclude an employment contract under any of the following circumstances, an open-term employment contract shall be concluded, except when the worker proposes to conclude a fixed-term employment contract:
(1) if the worker has worked continuously for the employer for ten years;
(2) if the employer implements the employment contract system for the first time or when a state-owned enterprise is restructured to re-establish an employment contract. The worker has worked continuously for the employer for ten years and is less than ten years away from the legal retirement age;
(3) If the labor contract has been renewed after the conclusion of two consecutive fixed-term labor contracts and the worker does not have any of the circumstances stipulated in Article 39 and the first and second subparagraphs of Article 40 of this Law.
If the employer does not conclude a written labor contract with the worker for a period of one year from the date of employment, the employer is deemed to have concluded an open-term labor contract with the worker. (See this last item.)
Article 82
If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, the employer shall pay the worker two times his or her monthly wages.
If an employer violates the provisions of this Law by failing to conclude an open-ended labor contract with a worker, the employer shall pay the worker two times his or her monthly wages from the date when the open-ended labor contract should have been concluded.
Article 47: Economic compensation shall be paid to the laborer at the rate of one month's salary for each year of service in the employer. If more than six months is less than one year, one year shall be calculated; if less than six months, economic compensation of half a month's salary shall be paid to the laborer.
I hope my comments can help you. Act quickly and know how to utilize legal weapons to defend the rights and interests you deserve!