1. Where the employer has not signed a labor contract with the employee for less than one year:
If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary.
2. The employer has not signed a labor contract with the employee for one year;
If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be complacent and pay the employee twice the monthly salary in accordance with the provisions of Article 82 of the Labor Contract Law.
If one year has elapsed since the date of employment, it shall be deemed that an open-ended labor contract has been concluded with the employee, and a written labor contract shall be concluded with the employee immediately.
To sum up, it is suggested that the laborer should sign a labor contract with the unit, and the date of signing the labor contract can be written as the date of signing the labor contract, so that the unit can be required to bear the corresponding responsibilities, and there is no need to worry that the unit will dismiss the laborer on the grounds that the laborer is unwilling to sign the labor contract. If a labor contract is not signed due to negligence, and the employer signs a labor contract with the employee afterwards, the signed labor contract has legal effect.
The performance time of the supplementary labor contract shall be subject to the last signing time. If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary and conclude a supplementary written labor contract with the employee.
Legal basis: Article 7 of People's Republic of China (PRC) Labor Contract Law.
The employer shall establish a labor relationship with the employee from the date of employment. The employing unit shall establish a roster of employees for future reference.
Article 82 of People's Republic of China (PRC) Labor Contract Law
If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary.