What should the plaintiff do if he does not recognize the employment relationship, but only the labo

Whether it is a labor relationship or a labor relationship, both parties should have a contract as evidence! Mouths are unfounded. The court looks at the evidence. It's not like you can say whatever you want. Without the evidence of the contract, the court will not accept it.

The plaintiff did not admit it, and the employment relationship only recognized the labor relationship. Is there a labor contract? Is this a piece of? Phenomenon?

The plaintiff does not recognize labor, I only recognize the labor relationship. This can be mediated and determined by the Labor and Social Security Center.

Evidence must be used in everything, and if there is no evidence, it is a matter of two parties.

Since the plaintiff himself does not recognize the employment relationship, it is nonsense to sue the defendant.

Take facts as the basis, take the law as the criterion, find evidence, and speak with facts.

1. The employment relationship shall be established if the employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances:

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business.

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

In labor arbitration, it is not who asserts the claim who bears the burden of proof, and the employer also has the burden of proof, if the employer cannot provide evidence, the labor dispute arbitration commission will support your claim. If you are not satisfied with the outcome of the arbitration, you can also sue the court and trust that there will be a fair judgment.

If the employer does not recognize the labor, it may file a lawsuit by virtue of the original materials that can prove that the party concerned provided labor to the company by virtue of the labor contract required to be signed at the time of employment, and if permitted by the company's regulations, or apply to the court to investigate and collect evidence from the relevant units and departments, and ask colleagues to provide witness testimony during their employment. Article 64 of the Civil Procedure Law of the People's Republic of China on Chayou: Parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court deems necessary for the trial of the case.

The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence. Article 16 of the Labor Law of the People's Republic of China A labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.

Legal analysis: If the employer does not recognize the existence of an employment relationship with the employee, the employee may apply to the local labor arbitration department for labor arbitration.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc., and (6) Other labor disputes as provided for by laws and regulations.

You can apply for labor arbitration to confirm the existence of an employment relationship between the two parties. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1. Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2. The "work permit", "service certificate" and other documents issued by the employer to the employee that can prove the identity;

3. Recruitment records such as the "registration form" and "registration form" filled in by the employee;

4. Attendance records;

5. Testimony of other workers, etc.

Therefore, the worker or the labor and social security department can prove or confirm from the above aspects. In judicial practice, the employment relationship can also be proved by using the company's business transaction documents, audio recording evidence, etc.

1. How to terminate the labor contract.

1. The employer and the employee negotiate to terminate the labor relationship. That is to say, before the expiration of the contract, the employer and the employer agree to terminate the labor relationship, and the unfulfilled rights and obligations of the labor contract will no longer be performed.

2. The employer unilaterally terminates the labor contract relationship. This is the case provided for by the Labor Code. There are two main scenarios:

If the employee's behavior violates the provisions of the Labor Law and administrative regulations, the employer shall dismiss him and terminate the labor contract; The labor contract is terminated if the employer dismisses the employee for reasons other than the employee's reasons.

3. The employee takes the initiative to terminate the labor contract.

4. Economic layoffs and resignation of surplus employees of the enterprise are terminated. In such a case, the employer shall provide economic compensation in accordance with the relevant provisions of the state.

5. The termination of the labor contract leads to the natural termination of the labor relationship. The labor contract shall be terminated upon the expiration of the labor contract or the occurrence of the termination conditions agreed upon by the parties.

2. The burden of proof to prove the employment relationship.

1. With regard to the confirmation of a de facto labor relationship, in practice, as long as the employee provides evidence to prove that the employer has provided the employer with the labor support, the arbitration institution will accept it as a labor case. If the employer denies the employment relationship between the parties, it shall provide evidence.

2. There are six main types of evidence that give rise to labor disputes in terms of de facto labor relations:

1) Wage payment vouchers or records (employee payroll roster);

2) Records of payment of various social insurance premiums;

3) "Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee;

4) Recruitment records such as the "registration form" and "registration form" filled in by the employee;

5) Attendance records;

6) Testimony of other workers, etc. Among them, the employee only needs to produce any of the three or four materials to prove the existence of a de facto employment relationship with the employer.

If the employer does not recognize the employment relationship, the employee may apply to the local labor arbitration department for labor arbitration, and try to provide other materials that can prove that he or she has provided labor for the employer or ask his colleagues to provide witness testimony. According to Article 2 of the Labor Dispute Mediation and Arbitration Law, this Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; 4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

If the employer does not recognize the employment relationship, the employee may apply to the local labor arbitration department for labor arbitration, and try to provide other materials that can prove that he or she has provided labor for the employer or ask his colleagues to provide witness testimony. According to Article 2 of the Labor Dispute Mediation and Arbitration Law, this Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; 4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor compensation, medical expenses for work-related injuries, economic compensation, or compensation before compensation; (6) Other labor disputes as provided for by laws and regulations.