How to collect valid evidence to prove the employment relationship without signing an employment con

The following evidence can prove the existence of an employment relationship between the employee and the employer; (1) Application registration form, employment registration form, employment notice, interview notification SMS, etc. (2) Work clothes, access cards, brands, work permits, technical certificates, professional certificates and other documents that can prove the identity of the job. (3) Payroll, salary income certificate (signed by the accountant), social insurance record, enterprise annuity certificate, housing provident fund or other salary payment records, etc. (salary payment is negligible in cash).

4) Punch-in records, attendance records, overtime notices, etc. (5) Testimony of other workers. (6) Publish the company's internal publications with their own works, or the company's ** reports about their own deeds.

7) Work records, purchase contracts, sales contracts, customer business records, etc. signed by me on behalf of the company. (8) Job description signed by the company, salary confirmation, transfer notice, termination notice, etc. (9) The company or the company's labor union issued the certificate of honor, award, punishment notice, trade union membership card.

10) Work emails, QQ chat records, WeChat records, and work arrangement SMS records. (11) Audio and video recordings of conversations and work with company leaders. (12) Financial loan slips and reimbursement vouchers.

13) For work-related injuries caused by traffic accidents, the traffic police department investigates and interrogates the records. (14) Complaint registration by the labor inspection department. (15) The credit card billing address is in units.

That is to say, even if you do not sign an employment contract, then if you want to collect valid evidence to prove the employment relationship, there are many of them, such as work clothes. For example, your attendance sheet, and then your salary. These are enough to prove it.

There is also a colleague who can prove it. This is sufficient evidence to prove that you have worked for the employer.

Legal analysis: 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) the wage payment voucher or record, and the record of payment of various social insurance premiums; (2) Work permits, service certificates, and other documents that can prove the identity of the workers issued by the employer; (3) Recruitment records such as the employer's recruitment registration form and registration form filled in by the worker.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The principles of legality, fairness, equality, voluntariness, consensus, and good faith shall be followed in the conclusion of labor cooperation. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

1. Salary card, salary passbook, salary slip or other salary payment records (preferably confirmed by the seal of the unit), employee roster;

2. Records of various social insurance premiums paid by the employer for the employee;

3. Work permits, badges and other documents issued by the employer to the workers that can prove the identity of the position;

4. Recruitment and recruitment records of the employer filled in by the worker;

5. Attendance records of the employer (attendance sheets, attendance cards, etc.);

6. Testimony of other workers;

7. Other evidence that can prove the existence of a de facto labor relationship between the employee and the employer. For example, various documents of the employer containing the name of the employee, etc.

Legal basis] Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, 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 and 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, work-related injury medical expenses, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

According to Article 2 of the Notice on Matters Concerning the Establishment of Labor Relations, 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 permits, service certificates, and other documents that can prove the identity of the workers issued by the employer;

(3) Recruitment records such as the employer's recruitment 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).