1. Can the company apply for arbitration without signing a labor contract and paying wages?
If the company does not sign a labor contract and does not pay wages, it can apply for arbitration.
Law on mediation and arbitration of labor disputes
Article 2 This Law shall apply 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.
Second, how to prove labor relations without a labor contract?
(1) Proof of work contents, such as electronic texts, materials and other materials related to the company;
(3) The system basis provided by the company to the workers should be sealed or printed with complete sets and volumes of materials, such as employee handbook, financial system and employee roster.
(4) The ways in which formal employees or leaders of the company communicate with employees, such as work arrangement, written notice, e-mail notice, etc. ;
(5) You can try to talk to the company's competent leader and then record it. The name of the leader must be reflected in the recording materials. Otherwise, it is difficult for the court to confirm the authenticity of the recorded materials;
(6) you can pass the witness.
(7) Other materials that can be related to the company can be used as evidence.
3. What are the ways to deal with the labor dispute of the company's wage arrears?
1, mediation
After a labor dispute occurs, the parties concerned may apply to the committee of the unit for mediation. Within the employing unit, a labor dispute mediation committee may be established. The labor dispute mediation committee consists of workers, employers and trade union representatives. The director of the labor dispute mediation committee shall be a trade union representative. If an agreement is reached through mediation in a labor dispute, the parties concerned shall perform it.
2. Arbitration
The labor dispute arbitration committee is composed of representatives from the labor administrative department, the trade union at the same level and the employing unit. The chairman of the labor dispute arbitration committee shall be a representative of the labor administrative department.
The party requesting arbitration shall submit a written application to the labor dispute arbitration committee within 60 days from the date of occurrence of the labor dispute. The arbitration award shall generally be made within 60 days after receiving the arbitration application. If there is no objection to the arbitration award, the parties must perform it.
3. Litigation
If a party to a labor dispute refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If one party neither brings a lawsuit nor performs the arbitration award within the statutory time limit, the other party may apply to the people's court for compulsory execution.
In judicial practice, if you ask the company for wages through labor arbitration, because you have not signed a labor contract before, before applying for arbitration, the laborer should collect relevant evidence to prove that there is a labor relationship with the employer. The evidence of labor relations can be proved by time sheets, audio and video recordings, witness testimony and other evidence.