1. Looking for evidence: looking for evidence left when leaving the company. Such as payroll, social security and provident fund payment certificates, and proof that you are a company employee. ;
2. Consult the labor department and company: If you are uncertain about solving the labor contract problem, you can go to the local labor and social security department or consult the human resources department of the company;
3. Apply to the company: submit a written application to the resignation company, asking the company to return your labor contract or provide a copy of the labor contract, and explain how to lose the labor contract in the application to improve the success rate of the application;
4. Re-sign the labor contract: If the original labor contract cannot be found or the company is unwilling to provide a copy of the labor contract, it can re-sign a new labor contract with the company.
The materials required for handling the labor contract are as follows:
1, ID card: original or photocopy of ID cards of both parties.
2. Personal information: the names, ID numbers, home addresses, contact numbers and other information of both parties.
3. Jobs: information about jobs, work contents, working hours, rest days, annual leave and probation period of both parties.
4. Wages and benefits: information about wages, bonuses and benefits of both parties.
5. Job security: including five insurances and one gold, medical insurance, industrial injury insurance and other information. Need to explain the payment ratio, base, etc.
To sum up, before signing the contract, the labor contract should be properly kept to avoid the same problems.
Legal basis:
Article 77 of People's Republic of China (PRC) Labor Contract Law
If the legitimate rights and interests of workers are infringed, they have the right to ask the relevant departments to deal with them according to law, or apply for arbitration or bring a lawsuit according to law.
Article 78
Trade unions shall safeguard the legitimate rights and interests of workers in accordance with the law and supervise employers to perform labor contracts and collective contracts. If the employer violates labor laws and regulations, labor contracts and collective contracts, the trade union has the right to put forward opinions or ask for corrections; If a laborer applies for arbitration or brings a lawsuit, the trade union shall give support and help according to law.