Lawyer: If There Is No Contract, No Blank Evidence Will Bear Responsibility.

"I have worked in a private company for more than 3 months, and the employer has not signed a labor contract with me. Wages are sent through bank cards.

Later, the department manager asked me to sign the contract, but the contract was blank, so I didn't sign it.

But after a few days, the company said that he would dismiss me because the reason was that I would have to leave if I refused to sign the contract.

What's most frustrating for me is that I can't prove that I refused to sign a blank contract now. What should I do? "Miss Li, who worked in a clothing company, told her troubles in the interview.

For this reason, I visited Ma Yingqiu, a lawyer of Beijing labor law society and lawyer of Beijing consulting firm, and asked her to conduct legal analysis and safeguard her rights.

In the face of the rights protection problems encountered by Miss Li, Ma Yingqiu, a lawyer of the Beijing labor law society and a lawyer of the Beijing municipal consultancy office, said that although the labor law stipulates the essential provisions of the labor contract, there are individual units who intentionally leave a lot of blanks when signing contracts with laborers.

For example, the employer will sign the labor contract to the employee first, and then fill in the specific terms and conditions of the contract unit and the contract, such as the contract term, job position, labor remuneration, working hour system and so on.

Once the laborers sign their names hastily, they may be caught accidentally.

Moreover, even if there are labor disputes with employers, most of them can not win the lawsuit.

Take the clothing company, it obviously violated the legitimate rights and interests of workers Miss Li.

Specifically reflected in the following aspects, Miss Li can also protect rights accordingly.

First of all, the dress company asked to sign a blank labor contract with Miss Li.

If the unit does not fully negotiate with Miss Li on the contents of the labor contract, and directly requests her to sign on the blank labor contract, it will bring hidden trouble to the protection of the rights and interests of the workers.

This is a manifestation of a strong sense of self-protection. The reason why workers refuse to sign in such a case is justified. The dress company has no right to terminate labor relations on the grounds of Miss Li's refusal to sign a contract.

Otherwise, it will constitute an illegal dismissal, and it needs to bear the corresponding legal liability.

Secondly, Miss Li has been working in the clothing company for more than 3 months. The company continues to employ workers without signing a written labor contract with the workers, and it should shoulder the legal risks arising from it.

No written labor contract has been signed for more than one year.

According to the law, the employer has not worked with the employee for more than one month after he has worked for himself for more than a month.

In accordance with the provisions of the eighty-second article of the labor contract law, the employee shall pay two times the monthly salary and make up the written labor contract with the laborer. If the laborer fails to conclude a written labor contract with the employer, the employer shall notify the worker in writing to terminate the labor relationship and pay the economic compensation in accordance with the forty-seventh provision of the labor contract law.

The starting time for the employer to pay the laborer two times the monthly salary stipulated in the preceding paragraph is the next day after the full day of the employment date. The deadline is for the first day of the written labor contract.

In addition, the clothing company did not pay social insurance premiums during the employment of Miss Li.

Therefore, Miss Li and the company, as long as there is evidence of factual labor relations, such as bank pay details and so on, to prove their actual working hours, there is no need to worry that they will not get legal support.

In the interview, I learned that workers such as Miss Li who dare to refuse "blank contracts" in the workplace are indeed worthy of "praise".

There are still a lot of labourers with great blindness when signing labor contracts, especially migrant workers, who are somewhat dissatisfied with signing labor contracts.

The reason is not to refuse at the request of the unit, or to make a helpless choice to protect "rice bowl". However, the blank is signed.

No doubt left a hidden danger for forensic evidence.

Even if we want to solve the problem through legal channels, we will bear the negative consequences because of the serious lack of evidence.

In this case, the clothing company is trying to get rid of the legal liability it should take by drunking the legal loopholes.

So what should we do if we can't give evidence like Miss Li?

Ma Yingqiu lawyers pointed out that under normal circumstances, workers will not refuse to sign labor contracts, but in case laborers do not sign them, they can avoid risks as long as they operate according to the law.

In this regard, the fifth provision of the "Regulations on the implementation of the labor contract law" stipulates that within one month after the date of employment, the employer shall notify the laborer in writing of the termination of the labor relationship without the need to make financial compensation to the labourers, but shall pay the laborers the actual labor hours in accordance with the law.

That is to say, if a worker fails to sign a labor contract, the unit should terminate this fact labor relationship in time and return to work in time instead of continuing arbitrarily.

"Besides, Miss Li's refusal to sign in this case is justified.

Of course, if the labor is not terminated, the employer should pay two times the monthly wage to the laborers in accordance with the provisions of the labor contract law.

Ma Yingqiu's lawyer said that the clothes company like Miss Li claimed that the employees did not sign a labor contract and continued to retain it. Finally, she wanted to put the blame on the staff and fired them, and the purpose was not to succeed.

Because according to the principle of distribution of burden of proof, the unit must produce evidence to prove that Miss Li herself is unwilling to sign a labor contract and the unit has retired from the work within the limitation of law.

Ma Yingqiu's lawyer suggested that Miss Li dare to take up legal weapons, and we must make a claim.

At the same time, remind the vast number of workers, blank contracts can not be signed.

Many times, the blank contract is for the enterprise to cope with the check, let the labourer sign a name, take a walk, some workers do not take the contract seriously, and some contracts have not even stamped.

However, once labor disputes occur, such contracts are invalid, and workers will pay a high cost of safeguarding rights.

Therefore, when signing a labor contract, we must open our eyes to see clearly the specific terms of the contract, and to really express the true meaning of the contract, and remember that the labor contract must be made in two copies, one by one by the employer and the worker.

Labourers should not only have legal awareness, but also have evidence awareness.