What risks do you think workers and employers have when signing and executing labor contracts?

Legal analysis: the risk of workers resigning at will

Because the employer has not signed a labor contract with the employee, it is unable to establish a stable labor relationship with the employee and restrain the employee accordingly, and the employee is easy to resign, which seriously affects the normal production and operation of the employer.

It is impossible to buy work-related injury insurance for workers, and the employment risk increases.

Because there is no labor contract, employers generally do not pay work-related injury insurance for workers. In the event of an industrial accident, the employer shall bear all the liability for compensation. Can not enjoy work-related injury insurance, reduce losses.

Risk of paying economic compensation

If the employee requests to terminate the labor contract on the grounds that the employer has not signed the labor contract, the employer shall pay the employee economic compensation, and the economic compensation shall be paid to the employee according to the standard of paying one month's salary every full year.

Legal basis: Article 46 of the Labor Contract Law is under any of the following circumstances, the employer shall pay economic compensation to the laborer:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.

Article 47 of the Labor Contract Law stipulates that the economic compensation shall be paid to the employee according to the standard that the employee pays one month's salary for every year of working in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

Article 48 of the Labor Contract Law: If the employer dissolves or terminates the labor contract in violation of the provisions of this law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not demand to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay twice the compensation stipulated in Article 87 of this Law.

Article 81 of the Labor Contract Law: If the text of the labor contract provided by the employer fails to specify the necessary provisions of the labor contract stipulated in this law or the employer fails to deliver the text of the labor contract to the laborer, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.