From the date of self -employment of the unit for one year, he has not set up a labor contract with the workers.

Question: From the date of self -employment of the employer, the employer has not established a written labor contract with the workers. Can workers ask the employer to pay the second salary after one year from the date of employment?

answer

"Opinions on the Connection of Labor Dispute Arbitration and Licenses (1)" stipulates: Article 20 stipulates:

From the date of self -employment of employers, a written labor contract has not been concluded with the workers for one year. It is deemed to be a non -fixed period of labor contracts with the workers on the day of self -employment.

In the presence, if the employee has not entered into a written labor contract as a request to pay the second salary of the employer to pay the self -employment on the day of the employer, the labor and personnel dispute arbitration committee and the people's court do not support it.

Source: China Labor Security News

Editor in this issue: Wang Yao

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