Daniel Zhang runs a small food processing factory, due to the recent large number of orders, recruited Wang Fang as an operator, after simple training, directly to work, due to work reasons when he did not sign a labor contract.
Ten days later, Daniel Zhang informed Wang Fang to sign a labor contract in the office, and Wang Fang said that he could not leave the post. Two days later, Daniel Zhang again informed Wang Fang to sign the labor contract, but he found other reasons for delay, resulting in the delay in signing the written labor contract between the two parties. Twenty-five days later, Daniel Zhang dismissed the employee on the grounds of refusing to sign the labor contract.
After Wang Fang left the processing plant, he approached Daniel Zhang, believing that the processing plant had dismissed him without reason and demanded compensation. In this case, is the processing plant's approach reasonable?
The lawyer answered, 1. If the labor contract cannot be signed due to the employee's reasons, the employer can terminate the labor relationship within one month from the date of employment, which is not an illegal termination of the labor contract and does not need to pay compensation to the employee.
2. The Labor Contract Law stipulates that a written labor contract shall be concluded within one month from the date of employment. If the contract is not signed, the worker shall be paid twice the monthly wage.
3. The Regulations for the Implementation of the Labor Contract Law stipulate that if the employee does not enter into 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, and shall not pay economic compensation to the employee, but shall pay the employee the labor remuneration for his actual working time in accordance with the law.
4. In this case, the processing plant and the king should have a total of 25 days from the date of employment to the termination of the labor relationship, and the failure to sign the labor contract was caused by the king, so the company's behavior is not an illegal termination of the labor contract, and there is no need to pay compensation, but only the wages during the actual working period need to be paid in accordance with the relevant agreements.
Your attention is the greatest encouragement to the author! The article is updated every day, please pay attention and continue to share, thank you!!