Can the laborer ask for economic compensation when he resigns without signing a labor contract?

2021-04-07 22:19:53  作者:Photography

Xu works in an electronics factory , It's already working 2 year , Because there's no social security ,

The employer has not signed a labor contract with Xu , therefore , Xu plans to resign on his own initiative .

that , If Xu resigns , Can we get financial compensation ?

No labor contract signed , Can I ask for financial compensation for resigning

If the employer fails to pay the labor remuneration in full and on time and pay the social insurance premium for the laborer according to law ,

The laborer can terminate the labor contract .

According to 《 Labor contract law 》 Article 38 provides that a labor contract may be terminated ,

And the employer should pay economic compensation to the workers .

meanwhile , The economic compensation shall be paid according to the working years of the laborer in the employing unit .

The standard of paying one month's salary every year to the laborer .

besides , The employer fails to conclude a written labor contract with the laborer within one month but less than one year from the date of employment , Workers should be paid twice a month .

meanwhile , If negotiation with the employer fails , You can apply to the Labor Bureau for arbitration ,

If you are not satisfied with the arbitration result , You can also sue in court .

《 Labor contract law 》 Article 10.

Establish labor relations , A written labor contract should be concluded .

Labor relations have been established , No written labor contract has been concluded at the same time , A written labor contract shall be concluded within one month from the date of employment .

The employer and the laborer conclude a labor contract before employment , Labor relations are established from the date of employment .

《 Labor contract law 》 Article 14

No fixed term labor contract , It is to point to the labor contract that unit of choose and employ persons and laborer agree to have no definite termination time .

The employer and the employee reach a consensus through consultation , You can enter into an open-ended labor contract . There is one of the following , The worker offered or agreed to renew 、 To enter into a labor contract , Except that the laborer proposes to sign a fixed-term labor contract , There should be an open-ended labor contract :

One 、 The laborer has worked continuously for the employing unit for at least ten years ;

Two 、 When the employer first implements the labor contract system or the state-owned enterprise restructures and re concludes the labor contract ,

The laborer has worked continuously in the employing unit for at least 10 years and is less than 10 years away from the statutory retirement age ; 

3、 ... and 、 Two consecutive fixed-term labor contracts are concluded , And the laborer does not have article 39 and Article 40 (1) of this law 、 In the case of the second provision , Discussion on renewal of labor contract .

The employer fails to conclude a written labor contract with the laborer at the end of one year from the date of employment ,

It is deemed that the employer and the employee have entered into a non fixed term labor contract .

《 Labor contract law 》 Article 38

The employer has one of the following situations , The laborer can terminate the labor contract :

One 、 Failing to provide labor protection or working conditions in accordance with the labor contract ;

Two 、 Failing to pay labor remuneration in full and on time ;

3、 ... and 、 Failing to pay social insurance premium for workers according to law ;

Four 、 The rules and regulations of the employer are against the law 、 The regulations , Damage to the rights and interests of workers ;

5、 ... and 、 The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this law ;

6、 ... and 、 law 、 Other circumstances under which the laborer may terminate the labor contract according to administrative regulations .

Employing units use violence 、 Forcing laborers to work by means of threatening or illegally restricting personal freedom ,

Or the employer's illegal command 、 Forcing risk-taking operations to endanger the personal safety of workers ,

The laborer can terminate the labor contract immediately , No need to inform the employer in advance .

《 Labor contract law 》 Article 82

The employer fails to conclude a written labor contract with the laborer for more than one month but less than one year since the date of employment ,

Workers should be paid twice a month .

The employer fails to conclude an open-ended labor contract with the laborer in violation of the provisions of this law ,

From the date when an open-ended labor contract should be concluded, the employee shall be paid twice the monthly salary .

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