Can I get subsidies if I don't sign a labor contract when the hotel closes down?

The hotel closed down without signing a labor contract:

I. Hotel closure

According to Article 44 of the Labor Contract Law, if the employer closes down, the employer needs to pay compensation to the workers.

Second, no labor contract was signed.

If the employer and the employee fail to sign a labor contract within one month, there is no need to pay compensation for it. Signing a labor contract within one month belongs to the legal time limit for the employer and the employee to sign a labor contract through consultation as stipulated in the Labor Contract Law.

If the employer fails to sign a labor contract with the employee for more than one month, it violates the provisions of the Labor Contract Law. Laborers may terminate their labor contracts in accordance with Article 38 of the Labor Contract Law, and demand the employer to pay compensation. If the company does not pay, the employee can apply to the labor dispute arbitration committee where the employer is located for labor arbitration and ask the employer to pay.

If a written labor contract has not been concluded with the employee for more than one month and less than one year since the date of employment, the employee may demand to pay twice the monthly salary from the second month.

If the employer 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 the day after the expiration of one year from the date of employment shall be regarded as an open-ended labor contract with the employee, and a written labor contract shall be immediately concluded with the employee.

The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

Labor Contract Law

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

(a) the expiration of the labor contract;

(two) workers began 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 employing unit is declared bankrupt according to law;

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

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

Article 14 An open-ended labor contract refers to a labor contract in which the employer and the employee agree that there is no fixed termination time.

The employer and the employee may 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 laborer has worked in the employing unit continuously for ten years;

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

(3) Two fixed-term labor contracts have been concluded in succession, and the employee does not have the circumstances stipulated in Items 1 and 2 of Article 39 and Article 40 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 shall be deemed that the employer has concluded an open-ended labor contract with the employee.

Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full 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 workers is three times higher than the average monthly salary of local workers announced by the 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 workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers 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 82 If an 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.

Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded.

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.

Law on mediation and arbitration of labor disputes

Article 27 The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.

If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.

If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.

regulations on the implementation of labor contract law

Article 6 Where an 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 the 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 conclusion of a written labor contract.

Article 7 Where 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 the day after the expiration of one year from the date of employment shall be deemed to have concluded an open-ended labor contract with the employee, and it shall immediately conclude a written labor contract with the employee.