The company should sign a written labor contract with the employee within one month after the employee joins the job (a labor contract must also be signed with the employee during the probation period). If no written labor contract is signed, the company should pay the employee starting from the second month Double salary. However, we should pay attention to the one-year statute of limitations. The statute of limitations for double salary claims expires month by month. The statute of limitations for double wages is one year after the employee knew or should have known that his or her legitimate rights and interests had been violated. In practice, the one-year statute of limitations starts from the date of payment of wages in the second month without signing a labor contract.
If the employer does not conclude a written labor contract with the employee for one year from the date of employment, it will be deemed to have entered into an unfixed-term labor contract, and the employer does not need to make any further payments after one year from the date of employment. Double the salary for a written labor contract.
Employees must keep evidence of the labor relationship between the employee and the company, such as attendance records, salary slips, work certificates, social security records, and other supporting materials that can prove that the employee has worked in this company.
Labor arbitration requires the submission of an application and relevant evidence, filing of the case, scheduling, notice of hearing, hearing, and ruling. Generally, arbitration is completed in about 2-3 months.
If the matter is complicated, it is best to bring the materials and consult a lawyer before deciding whether to ask a lawyer to help you. As for the fees, you can negotiate with your lawyer at that time.