Core Viewpoint - The article discusses the establishment of labor relations without a written labor contract, emphasizing that certain conditions can still validate the existence of such a relationship. Group 1: Conditions for Establishing Labor Relations - Labor relations are established when both the employer and the employee meet the legal qualifications as per laws and regulations [1] - The employer's labor rules apply to the employee, and the employee is managed by the employer while performing paid labor [2] - The labor provided by the employee is part of the employer's business operations [2] Group 2: Evidence for Labor Relations Without a Contract - Various documents can serve as evidence of labor relations, including payroll records, social insurance payment records, identity certificates issued by the employer, recruitment forms, attendance records, and testimonies from other employees [4] - The employer bears the burden of proof for certain types of evidence, specifically payroll records, recruitment forms, and attendance records [4] Group 3: Signing Written Labor Contracts - According to the Labor Contract Law, if a labor relationship is established without a written contract, a written contract must be signed within one month from the start of employment [5] - If the employer fails to sign a written contract within one month but less than a year, they must pay the employee double wages for each month without a contract and must sign a written contract [7] - If the employer does not sign a written contract for over a year, they must pay double wages for the months without a contract and are deemed to have established an indefinite labor contract from the one-year mark, requiring immediate signing of a written contract [8]
没签劳动合同,如何证明劳动关系?
蓝色柳林财税室·2025-09-06 00:56