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Did not sign labor contract, how to uphold oneself right?
From;    Author:Stand originally

Case answers put: Xiaoli is in Wuhan a company pursues close half an year of customer service job, at the outset monthly wages of company verbal commitment 1500 yuan, but sent a few months all the time with stopping for capital insecurity only. At first Xiaoli and work in the same placing also ask to sign labor contract with the company, but the director said to already passed to sign time, do not have an autograph. Xiaoli's apprehension is: There also is a colleague to had been informed against to labor bureau before, result company receives a letter that comes from labor bureau only, this part colleague gets after the event wages goes person, and stay so far already 3 months had not sent salary. So, the contract works without the autograph between company and small Li Zhi, how should Xiaoli safeguard his rights and interests?

Case analysis: " labor law of People's Republic of China " specific provision, unit of choose and employ persons should sign labor contract with employee, and labor contract ought to conclude with written form. In this case, the company did not sign labor contract with Xiaoli, but Xiaoli works in the company already close half an year, both sides already formed the factual labor concern that jural place says essentially, this working relationship also gets legal protection. Xiaoli can ensure his legitimate rights and interests completely through law, can work to place area censorial group is complained, inform against, or to the labor that is in an area arbitral committee offers the arbitration, requirement company sends knock off endowment, recoup corresponding loss.

In the meantime, according to " top people court discusses rule of case comfortable usage about trying labor to contend for the explanation of a certain number of problems " regulation, because of embezzle part of what should be issued of unit of choose and employ persons or without reason defaults worker pay, force laborer to put forward to remove of labor contract, unit of choose and employ persons ought to pay the work reward of laborer and economy compensation, can pay compensation. Accordingly, small Li Hai can choose to remove with the company labor concerns, ask the company recoups corresponding loss.

Of course, those who need an attention is, before small Li Zaicai takes safeguard, need notices to collect and withhold relevant testimony, in order to proves the factual labor of oneself and company concerns, be like employ proof, employee's card, salary, relevant file.