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Laborers can look for evidence of labor relations with employers, such as: work permit or work permit (preferably stamped with official seal), payroll card transaction records, payroll slips, tooling with company name printed on it, tax payment certificate printed and sealed by local taxation bureau, temporary residence permit, attendance record, social insurance payment record, work order, colleague testimony (both those who leave and those who are employed), recorded or other written materials with employee's name and official seal or boss's signature, etc. As long as it is proved that there is a labor relationship between the two parties, the laborer can apply for labor arbitration and ask the employer to pay double the salary without signing the labor contract. The employee may ask the employer to pay double wages (starting from the second month of employment, up to 1 1 month) and wages deducted when the employee resigns. How to apply for labor arbitration: 1. Apply for labor arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (formerly the Labor Bureau). When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer (registration information is not required in Beijing). 2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court; 3. During the application for labor arbitration, the laborer shall not delay to work in the new unit. Article 82 of the Labor Contract Law of People's Republic of China (PRC) * * * If the 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. Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, if 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 conclude a 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. Article 50 of the Labor Law of People's Republic of China (PRC) * * * Wages shall be paid to the workers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason. "Interim Provisions on Payment of Wages" Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) refusing to pay overtime wages to laborers;
(3) paying workers' wages below the local minimum wage standard.
The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.