1. Is it illegal for the express delivery industry not to sign labor contracts?
It is illegal for the express delivery industry not to sign labor contracts. According to the law, the express delivery industry can request to sign a labor contract through labor arbitration or labor litigation, or it can be handled through consultation.
According to the 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 according to law from the day after the full month from the date of employment to the day before the conclusion of the written labor contract. If the employee is less than one month, it will be converted into paid days and a written labor contract will be concluded 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.
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.
Article 5 of the Regulations for the Implementation of the Labor Contract Law
If the employee fails to conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the labor relationship without paying economic compensation to the employee, but shall pay the employee the remuneration for the actual working hours according to law.
2. What does the labor contract include?
The content of a labor contract refers to the rights, obligations and relevant clauses of the employee and the employer that both parties must clearly stipulate in the labor contract. The content of labor contract is the essence of labor relations, and it is also a necessary condition for the establishment and legal effect of labor contract. The contents of the labor contract mainly include three aspects:
(1) Labor contract entity.
The main body of a labor contract, that is, both parties to the labor contract, includes the name of the enterprise, the name of the employee and their basic information. In addition to the name, the enterprise also has its business premises and legal representative; In addition to the employee's name, there are gender, date of birth, ID number, etc.
(2) The object of the labor contract.
The object of a labor contract, that is, the object to which both parties' rights and obligations point in the labor contract, is the direct embodiment of the conclusion of a labor contract between an enterprise and a worker, and is also the basis of both parties' rights and obligations.
(3) the rights and obligations of the subject of the labor contract.
That is, the labor rights and obligations of both parties to the labor contract according to the labor contract. The contents of a labor contract are divided into statutory terms and negotiation terms. Statutory terms refer to the terms that a labor contract must have as stipulated by laws and regulations; The negotiation clause refers to the clause that is not stipulated or clearly stipulated by laws and regulations and is negotiated by both parties themselves.
According to the law, as long as the employer establishes a labor relationship with the laborer, it should sign a labor contract, which shows that all units in the industry sign labor contracts with the laborer, so it is against the law for express delivery industry units not to sign labor contracts with the laborer. If the employee fails to sign a labor contract for more than one month and less than one year, the employer needs to pay the employee economic compensation.