1. Can the employer not sign the labor contract?
It is obviously impossible for an employer not to sign a labor contract. According to Article 10 of the Labor Contract Law, a written labor contract shall be concluded to establish labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall 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 shall be established from the date of employment.
Article 82 of the Labor Contract Law: 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 the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.
The employer and the employee may conclude an open-ended labor contract through consultation. In any of the following circumstances, an employee who proposes or agrees to renew the labor contract shall conclude an open-ended 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 consecutive fixed-term labor contracts have been concluded, and the employee fails to renew the labor contract under the circumstances specified in Article 39 of this Law.
Second, what should I pay attention to when concluding a labor contract?
1, when the labor contract was signed
A written labor contract can be concluded within one month from the date of employment. Otherwise, the employer must pay double wages to the workers. If a written labor contract has not been signed with the employee for more than one year since the date of employment, it shall be deemed that both parties have formed an open-ended labor contract.
2. Term of labor contract
There are three kinds of labor contracts: fixed-term labor contracts, non-fixed-term labor contracts and labor contracts with the completion of certain work as the term. Therefore, when signing a labor contract, the employer and the employee should determine the term of the labor contract through consultation according to the needs of both parties. At the same time, if there is an agreed probation period, the probation period shall be included in the term of the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and the term is the term of the labor contract. And the term of the labor contract is to complete a certain amount of work, or the term of the labor contract is less than 3 months, in accordance with the provisions of the labor contract law, the probation period shall not be agreed.
Where an employer establishes a labor relationship with a laborer, it shall sign a labor contract in strict accordance with the procedures prescribed by law. When it comes to the determination of related matters, it must be legally determined in strict accordance with the actual contract terms and requirements. If you are not clear, you can consult a lawyer to define it.