Legal analysis
If it is illegal to sign a labor contract, you can claim to pay double wages. According to the current labor laws and regulations, employers should establish labor relations with workers from the date of employment. To establish labor relations, a written labor contract shall be concluded. If a written labor contract is not concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. The employer and the employee may conclude a fixed-term labor contract or an open-ended labor contract through consultation. 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. When making a complaint to the labor inspection department where the employer is located, the informant shall provide the complainant's name, gender, age, occupation, work unit, residence and contact information, as well as the name, address and telephone number of the complained employer, and the name, position and telephone number of the legal representative or principal responsible person. If it is inconvenient to come forward, you can choose to call the complaint number: 12333 to make an oral complaint, which will be recorded by the reception staff of the report center and signed or sealed by the complainant after confirmation. If the complainant refuses to sign, it shall indicate the situation; If the receptionist wants to record the complaint process, she should get the consent of the reporter.
legal ground
Article 82 of the Labor Contract Law stipulates that if the 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. 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.
People's Republic of China (PRC) Law on Mediation and Arbitration of Labor Disputes Article 2 This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC): (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts; (3) Disputes arising from delisting, dismissal, resignation or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; (five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; (six) other labor disputes as prescribed by laws and regulations.