用人单位自用工之日起 即与劳动者建立劳动关系 建立劳动关系 应当订立书面劳动合同 劳动合同应在试用期签订 还是转正之后签订？ 《劳动合同法》第十条规定 已建立劳动关系，未同时订立书面劳动合同的，应当 自用工之日起一个月内 订立书面劳动合同。 欢迎扫描下方二维码关注： 因此，无论用人单位 是否与劳动者约定试用期 均应自用工之日起一个月内 订立书面劳动合同 没签劳动合同， 能主张两倍工资吗？ 根据《劳动合同法》第八十二条 和《劳动合同法实施条例》第六、七条 用人单位自用工之日起 超过一个月不满一年 未与劳动者订立书面劳动合同的，应当向劳动者 每月支付两倍的工资 ， 并与劳动者补订书面劳动 合同 。 用人单位自用工之日起 满一年 未与劳动者订立书面劳动合同的，自用工之日起满一个月的次日至满一年的前一日应当向劳动者 每月支付两倍 的工资 ，并视为自用工之日起满一年的当日已经与劳动者 订立无固定期限劳动合同 ，应当立即与劳动者 补订 书面劳动合同。 欢迎扫描下方二维码关注： 温馨提醒：蓝色柳林财税室为非官方平台，是由编者以学习笔记形式建立的平台，所有笔记写作记录的文章及转发的法律法规仅供读者学习 参考之用，并非实际办税 ...

Core Viewpoint - The article emphasizes the importance of carefully reviewing and negotiating labor contracts for recent graduates entering the workforce, highlighting potential pitfalls and common traps that may infringe on their rights [2][3][7]. Group 1: Common Issues in Labor Contracts - Some employers may only provide an "employment agreement" or rely on verbal agreements instead of a formal written labor contract, which can undermine the rights of graduates [3]. - Labor contracts may lack essential details such as job position, work location, salary, labor conditions, and contract duration [4]. - Employers may prepare two different salary contracts ("yin-yang contracts") to evade tax obligations [5]. - Contracts may contain "unfair clauses" that impose unreasonable conditions, such as prohibiting marriage for several years, requiring unconditional overtime, or not settling wages during the probation period [6]. Group 2: Types of Labor Contracts - Labor contracts can be categorized into fixed-term contracts, indefinite-term contracts, and contracts based on the completion of specific tasks [9][14]. - A fixed-term labor contract specifies a termination date agreed upon by both the employer and the employee [10]. - An indefinite-term labor contract does not have a predetermined end date and is required under certain conditions, such as when an employee has worked for the same employer for ten years [11][12]. Group 3: Essential Elements of Labor Contracts - According to the Labor Contract Law, essential elements of a labor contract must include the contract duration, job responsibilities, work location, working hours, salary, social insurance, labor protection, and working conditions [16]. - Additional terms may be included, such as probation periods, training, confidentiality agreements, and benefits [17]. Group 4: Signing and Retaining Labor Contracts - Labor contracts should be signed within one month of employment, regardless of whether a probation period is agreed upon [19]. - Employers must provide a paper copy of the electronic labor contract upon request and ensure that employees can access the contract easily [20]. - Both the employer and employee should retain a copy of the signed labor contract to avoid difficulties in case of disputes [24].

Employment Procedures for Graduates - Graduates with confirmed employment should sign labor contracts promptly and follow up on social security contributions, as well as complete household registration and organizational relationship transfer procedures within the stipulated time [2][3] - Graduates without confirmed employment can retain their household registration and archives at the school for two years or transfer them to their original household registration location. They can register for job search services at local employment agencies or online platforms to access job information and career guidance [3][5] Archive Management - Archives should not be personally retained; they must be managed by educational institutions or relevant employment agencies. If a graduate has their archive, they should contact their original school for proper transfer [4][5][6] Labor Contract Essentials - Labor contracts must include essential clauses such as the employer's name, employee's details, contract duration, job description, working hours, salary, social insurance, and other legal requirements. Additional terms like probation, training, and benefits can also be included [7][8] Social Insurance and Housing Fund - The "Five Insurances and One Fund" include pension, medical, unemployment, work injury, maternity insurance, and housing provident fund, which provide various forms of financial support. The contribution rates for these insurances vary by region and should be verified before signing a labor contract [9]