A reader left a message in the background of Dingxiangyuan WeChat: “In a third-level hospital in East China where I am located, new employees work for one or two years before signing labor contracts and paying five insurances. One gold, the treatment is no different from that of regular employees during this two-year period.
But I still want to ask, is this form of employment really reasonable? If there is a dispute, do I have no legal protection without a contract? “
Attorney Liu Zhongzhi from Beijing Jingshi (Shanghai) Law Firm explained that Although the reader did not sign a written labor contract with the hospital, in fact, the TA and the hospital There is indeed a labor relationship between them.
When encountering such a situation of not signing a contract, you should pay attention to saving all kinds of work-related documents. For example, salary slips, social security payment records, work permits, attendance records, or “registration forms” and “registration forms” filled in when applying for jobs.
If there is a dispute with the hospital, these are strong evidence that you work at the hospital. As long as you can prove that there is a factual labor relationship between you and the hospital, even if there is no contract, you are still protected by labor laws.
Of course, it is obviously illegal for the hospital to not sign a labor contract with you. The hospital should sign a supplementary labor contract with you in accordance with the “Labor Contract Law” and the “Regulations on the Implementation of the Labor Contract Law”, and make certain compensation.
If you officially work for more than a month, but less than a year, the hospital should pay you 2 times your monthly salary as compensation. If you officially work for more than one year, the hospital not only needs to make financial compensation, but the law will also default that you have signed an indefinite labor contract with the hospital. In the event of a dispute, your legal rights will be protected.
However, it should be noted that when a written labor contract is not signed, there is an “arbitration statute of limitations” for workers to claim twice the wages.
Because the judicial practice in most regions determines that it is valid for one year from the date when the worker knows or should know that the rights are infringed, and at the same time believes that twice the salary is not labor remuneration, but punitive damages . There is also a case in Xiamen City, where it is determined that the duration of the labor relationship and one year after the termination of the labor relationship are valid.
At the same time, as long as you have established a labor relationship with the hospital, the hospital should pay five insurances and one housing fund for you in accordance with the law, otherwise you will have to bear the consequences of your inability to enjoy social insurance benefits. Loss.
In addition, if you have signed other documents such as “Job Appointment”, “Agreement”, etc., and have reached an agreement with the hospital on the main content of the labor contract in these documents, in Under special circumstances, it can also be considered that you have signed a labor contract with the hospital.
And the form of these documents is not limited to writing, emails, text messages, WeChat and other forms can be used as electronic evidence.
Planning: z_popeye, the cat
Producer: gyouza