I didn't sign a labor contract, but what if my boss doesn't pay me after I finish my work on the construction site?

Some time ago, a friend of the author called to ask, he is an HR, and his new company has not signed a labor contract so far. What should I do?

To be honest, I'm really surprised. Since the implementation of the new Labor Contract Law (5438+ 10/June 2008), the signing of labor contracts has been subject to unprecedented strict provisions:

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 the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.

This is really an unprecedented clause, which raises the legal risk of not signing a labor contract to an extent that any enterprise can't bear. Just imagine, even an ordinary clerk with a monthly salary of 2000 yuan, if he never signs a labor contract. If there is a labor dispute, the enterprise is likely to pay double wages from the second month to the whole 1 1 month of the year, which means that the salary of clerks 1 1 month has become 4,000 yuan per month, which is already the level of department managers in many third-tier cities. Just a clerk with a salary of 2000 yuan caused a labor risk of 22000 yuan. Imagine if this employee's salary is 5000, 10000, how high will it be? And this is just a punishment for not signing a labor contract.

It has been nearly ten years since 2008. I've seen companies that don't sign labor contracts, and I don't know how many, and tens of thousands pay twice as much. In fact, this has become a major labor risk that enterprises face every day, so today, we will talk about this issue.

First of all, as an enterprise, the best way to deal with it is to sign the labor contract on time, and it must be signed within one month of joining the company, preferably on the day of joining the company. Secondly, we should renew the labor contract on time. Many enterprises do not attach importance to this. In fact, if they don't renew their labor contracts on time, they will also bear the risk of double wages. Finally, if you want to sign an open-ended labor contract, you must sign it on time. You should sign an open-ended labor contract instead of signing it, which is twice your salary. In short, it is the safest way to avoid risks.

But if the risk already exists and has never been signed before, what should be done in this case? The best way is to sign a supplementary labor contract. Signing a supplementary labor contract can perfectly relieve the risk of not signing a labor contract. The author has seen a large number of cases in which labor contracts are countersigned. In actual judicial practice, it is usually said that the countersigned labor contract is regarded as the true intention of both parties, and the enterprise does not need to pay double wages.

In addition, the time limit for arbitration of labor disputes is one year, and the time limit for paying double wages without signing a labor contract is more than one month but less than one year from the date of employment. The first year's double salary plus one year's arbitration limitation period is two years.

In other words, if an employee who has not signed a labor contract has been employed for more than two years, even if it is only for more than one day, there will be no risk of double wages. Even if the old employee has not signed a labor contract, there is no risk of double wages.

Hearing this, my HR friend checked the employee roster and found that he was the only employee in the company who had been employed for less than two years. So should he report this labor risk to the boss? Do you want to sign this contract again? He fell into deep hesitation.