For many front-line workers, if they find a job, they can get paid on time, and they rarely pay attention to what their legal relationship is with their unit . Therefore, once you have a dispute with your unit, especially when you are in a personal injury, you will find it difficult to find evidence to prove your labor relationship with the employer, and thus fall into a passive situation of difficulty in protecting your rights.
Law Contract Law 82 stipulates: "If an employer fails to enter into a written labor contract with the worker for more than one month or more than one year from the date of employment, he shall pay the worker twice the wages per month. The employer fails to enter into with the worker in violation of the provisions of this Law. If a fixed-term labor contract is , the employee will pay twice the salary per month from the date of the conclusion of the unfixed labor contract. "
So, how can the employer prove the labor relationship between the employee and the employee
not signed the labor contract ?
Remember the following 15 key points
1. Application registration form, entry registration form, employment notice, interview notification text message, etc.;
2. Work clothes, entrance and exit certificates, labels, work certificates, technical certification certificates, professional certificate annual inspection records, etc. that can prove the identity of the job;
3. Payroll, salary income certificate (need to meet Signature of the accountant), social insurance record form, enterprise annuity form, housing provident fund form or other salary payment records, etc. (Wages are negligible in cash);
4. Check-in records, attendance records, overtime notices, etc.;
5. Testimony of other workers (unless the colleague has resigned, this post is not very operational);
6. Reports on internal publications of company works or company websites about their deeds;
7. Work record form, procurement contract, sales contract, customer business record signed on behalf of the company;
8. Job responsibilities, salary confirmation letter, job transfer notice, termination notice, etc. signed by the company;
9. The company or the company's trade union issued a certificate of honor, certificate, penalty notice, union membership certificate (even thermos cup with the word "company" printed on it;
1 0. Emails at work, QQ chat records, WeChat records, work arrangement text messages, etc.;
11. Recording and video of conversations with company leaders and work situations;
12. Financial loan statements, reimbursement vouchers, etc.;
13. Traffic police department investigation and inquiry records due to work injuries caused by traffic accidents;
14. Complaint registration, inquiry investigation records, etc.
15. The mailing address of the credit card bill is the unit.
So workers who have not signed a labor contract must keep as much proof as possible that they can prove their labor, including but not limited to work clothes, work permits, attendance form , procurement receipts, work group chat records, leave notes, etc., all evidence that can prove the labor relationship.
Legal basis
" Notice on Matters Related to Establishing Labor Relations " [Ministry of Labor and Social Security (2005) No. 12]
Article 1: If an employer employs a worker without entering into a written labor contract, but meets the following circumstances, the labor relationship is established.
(I) Employers and workers comply with the subject qualifications stipulated by laws and regulations;
(II) The various labor rules and regulations formulated by employers in accordance with the law are applicable to workers. Workers are managed by employers and engage in remunerated labor arranged by employers;
(III) The labor provided by workers is an integral part of the employer's business.
Article 2 stipulates: The employer has not signed a labor contract with the employee. When determining that the two parties have a labor relationship, they can refer to the following certificates: (1) Wage payment voucher or record (the list of employees’ wage payment), records of paying various social insurance premiums;
(2) The employer distributes to the employee "Work Certificate" and "Service Certificate" that can prove identity;
(III) Recruitment records such as "registration form" and "registration form" filled in by workers;
(IV) Attendance records;
(V) Testimony of other workers, etc.
The employer shall bear the burden of proof of the relevant vouchers for items (I), (III), and (IV).
Source: China Legal Publicity
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