How to claim compensation if the hotel does not sign a labor contract?

1. How to claim compensation if the hotel does not sign a labor contract

1. If the hotel does not sign a labor contract and the employer terminates or dissolves the labor relationship, it must pay economic compensation to the employees in accordance with the law. Workers can also safeguard their rights through consultation, mediation, reporting to labor administrative departments, applying for labor dispute arbitration, litigation, etc.

2. Legal basis: Article 10 of the "Labor Contract Law of the People's Republic of China"

To establish a labor relationship, a written labor contract must be concluded. If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract must be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship is established from the date of employment.

2. How to provide evidence for generally unsigned labor contracts

1. Social insurance records and social insurance payment records are strong evidence to prove the existence of a labor relationship;

2. Wage payment records, such as stamped salary slips and bank records of salary cards;

3. Badges, access cards, work passes, work cards or work records;

4. Proof of mortgage income and tax payment. You can ask the company to issue proof of income on the grounds of buying a house or a car loan;

5. Time card, preferably original, with the company's official seal or the like ;

6. Proof of wage payment, written proof of wage arrears, etc., it is best to have originals;

7. Business contracts, documents, and authorization letters signed on behalf of the company, and business trip certificates Corresponding evidence, etc., it is best to have original copies;

8. Work records, corresponding evidence of business trips, etc., it is best to have original copies;

9. Labor inspection department complaint records;

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10. Witness testimony of colleagues should preferably be attested by current colleagues;

11. Recording.