Legal subjectivity:
Laborers can apply for labor arbitration, requiring the employing unit to pay double wages for unsigned labor contracts from the second month (starting from the second month of employment, with a maximum of 11 months) and compensation for illegal dismissal. The time limit for labor arbitration is one year from the employee's resignation! How to apply for labor arbitration: 1. Go to the labor dispute arbitration committee in the local human resources and social security bureau (formerly the Labor Bureau) and apply for labor arbitration. When filing a case, you must bring: 2 arbitration applications and 1 copies of the applicant's ID card; Copies of relevant evidence and 2 copies of evidence list; Business registration information of the employer (Beijing area does not need to provide registration information). 2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then hold a trial, and then mediate between you two. If mediation fails, the Arbitration Commission will issue an award. The labor arbitration shall be closed within 61 days; If the employee refuses to accept the award, he may bring a lawsuit to the court; 3. During the application for labor arbitration, the employee shall not be delayed to work in the new unit. Article 82 of the Labor Contract Law of the People's Republic of China * * * If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary. If the employing unit fails to conclude an open-ended labor contract with the employee in violation of the provisions of this Law, it shall pay the employee twice the monthly salary from the date when the open-ended labor contract should be concluded. Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, 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 a 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 and pay economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law. As mentioned in the preceding paragraph, the starting time for the employer to pay the laborer twice the monthly salary is the day after the expiration of one month from the date of employment, and the ending time is the day before the written labor contract is made up. Article 7 If an employing unit fails to conclude a written labor contract with the employee within one year from the date of employment, it shall pay the employee twice the monthly salary according to the provisions of Article 82 of the Labor Contract Law from the day after the expiration of one month to the day before the expiration of one year from the date of employment, and it shall be deemed that an open-ended labor contract has been concluded with the employee on the day after the expiration of one year from the date of employment, and it shall immediately make up a written labor contract with the employee. If the employer dismisses the employee without reason, it shall pay compensation to the employee, and pay 2 months' salary for each completed year as compensation. Article 47 of the Labor Contract Law of the People's Republic of China * * * The economic compensation shall be paid to the laborer according to the standard of one month's salary for each year of work in the unit. 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 employee shall be three times the average monthly salary of the employee, and the maximum period for paying economic compensation to the employee shall not exceed 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 laborer 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 87 of this Law. Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law. Legal objectivity:
Article 16 of the Interim Provisions on Wage Payment, if the employer suffers economic losses due to the laborer's own reasons, the employer may require him to compensate the economic losses according to the stipulations of the labor contract. Compensation for economic losses can be deducted from the employee's own salary. However, the monthly deduction shall not exceed 21% of the employee's monthly salary. If the deducted surplus salary is lower than the local monthly minimum wage, it will be paid according to the minimum wage.