What should I do if I don’t sign a contract and don’t get paid?
At work, signing a labor contract is an important means to protect workers' rights and interests. However, in reality, many workers still encounter the problem of wage arrears because they have not signed a contract. This article will combine the hot topics and hot content on the Internet in the past 10 days to give you a detailed answer to "What should I do if I don't sign a contract and not be paid", and provide structured data and suggestions.
1. Legal effect of no signed contract
According to the Labor Contract Law of the People's Republic of China, even if a written labor contract is not signed, as long as a de facto labor relationship exists, the rights and interests of workers are still protected by law. The following is a summary of relevant legal provisions:
| Legal terms | content |
|---|---|
| Article 10 of the Labor Contract Law | To establish a labor relationship, a written labor contract must be concluded. |
| Article 82 of the Labor Contract Law | If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary. |
| Article 6 of the Labor Dispute Mediation and Arbitration Law | When a labor dispute occurs, the parties concerned have the responsibility to provide evidence for their claims. |
2. How to prove the factual labor relationship
If no contract is signed, the employee needs to collect the following evidence to prove the existence of a de facto labor relationship:
| Evidence type | Specific content |
|---|---|
| Salary payment voucher | Bank statements, salary slips, transfer records, etc. |
| Proof of work | Work badges, attendance records, work results documents, etc. |
| Communication records | Work-related communication records such as WeChat, text messages, emails, etc. |
| witness testimony | Testimonials from colleagues or clients. |
3. Rights protection steps
If the employer refuses to pay wages, workers can follow the following steps to safeguard their rights:
| steps | Specific operations |
|---|---|
| Negotiate | Communicate with the employer and request payment of wages. |
| Complain | Complain to the local labor inspection brigade. |
| Arbitration | Apply to the Labor Dispute Arbitration Commission for arbitration. |
| litigation | If you are dissatisfied with the arbitration result, you may file a lawsuit in court. |
4. Hot topics on the Internet in the past 10 days
The following are the hot topics and related discussions on the Internet in the past 10 days about "no salary without signing a contract":
| platform | hot topics | focus of discussion |
|---|---|---|
| #How to safeguard rights without signing a contract# | Workers share their rights protection experiences. | |
| Zhihu | “What should I do if I haven’t signed a contract and my wages are owed? " | Legal professionals explain how to protect your rights. |
| Douyin | "The history of blood and tears of beaten workers: being cheated without a contract" | Short videos tell real cases. |
| Station B | "Popular Science on Labor Law: You Can Demand Wages Without Signing a Contract" | The UP owner explains the legal terms in detail. |
5. Preventive measures
In order to avoid wage disputes caused by not signing a contract, workers can take the following preventive measures:
| measures | Specific content |
|---|---|
| Confirm the contract before employment | Make sure to sign a written labor contract before joining the company. |
| Keep evidence of work | Save salary payment vouchers, work records, etc. |
| Check wages regularly | Check monthly whether wages are paid in full and on time. |
| Learn legal knowledge | Understand laws and regulations such as the Labor Contract Law. |
6. Summary
Not being paid without signing a contract is a dilemma faced by many workers, but through legal channels and correct rights protection steps, workers' rights and interests can still be protected. This article provides structured data and practical suggestions, hoping to help workers who encounter similar problems effectively safeguard their rights. At the same time, workers are also reminded to sign a labor contract when joining the company to nip problems in the bud.
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