In the workplace, an employment contract is an important legal document that stipulates the rights and obligations of both parties. However, sometimes the employee may encounter a situation where the company does not give him an employment contract. So, is the company's practice legal in this case? This article will give you a detailed answer.
An employment contract is an agreement signed between an employee and an employer, which stipulates the rights and obligations of both parties, including work content, work location, working hours, salary, social insurance, etc. The labor contract is not only the basis for employees to protect their rights, but also an important means for employers to regulate employment. Therefore, the employment contract is of great significance to both parties.
1.The provisions of laws and regulations are not strict.
Although China has promulgated a series of laws and regulations on labor contracts, there are still certain loopholes in the management of labor contracts in some regions in the actual implementation process. Some companies may exploit these loopholes and not issue employment contracts to employees.
2.The company's own reasons.
Some companies may not issue labor contracts to employees in a timely manner due to poor management, negligence in the work of the human resources department, etc. In this case, the employee can request the company's human resources department to request the company to reissue the employment contract.
According to the relevant regulations, the employer shall sign a written labor contract with the employee and deliver a copy of the labor contract to the employee within 15 days after signing the contract. Therefore, if the company refuses to give the employee an employment contract, it is not legal.
1.Make a request to the company.
Employees can make a request to the company's human resources department to request the company to reissue the labor contract. When making a request, the employee should provide sufficient evidence, such as work permits, bank card transaction records, etc., to prove the employment relationship between himself and the company.
2.Lodge a complaint with the labour inspectorate.
If the company still refuses to reissue the employment contract, the employee can file a complaint with the local labor inspection department. The Labour Inspectorate investigates the complaint and, if verified, deals with the company in accordance with the law.
3.Apply for labor arbitration or file a lawsuit.
If the complaint is unsuccessful, the employee can also apply to the labor arbitration commission for labor arbitration, or directly file a lawsuit with the court to demand that the company pay compensation for the overdue labor contract.
The employment contract is of great significance to both the employee and the employer. The employer shall, in accordance with the requirements of laws and regulations, sign and deliver the labor contract with the employee in a timely manner. When employees encounter such a situation, they should actively protect their rights and protect their legitimate rights and interests.