How to prove the employment relationship

You can find out through this passbook that it is the unit that has remitted money to the individual's account, and the remittance unit can be queried, which is your labor relationship certificate, and you can apply to the court to continue to investigate the situation of the unit to this remittance.

Putting wages on the salary passbook can be queried in the bank, as long as there is a monthly salary entry record can prove the wage relationship, a simple salary discount can not be proved, there must be a monthly salary entry record.

Since the court has obtained the wage details, that is, the court has determined that the employment relationship exists. If the other party has an objection, it will also provide evidence. The unit shall also present the wage payment account within two years for future reference.

As for working hours, the burden of proof is on the employee – such as wage lists, employment contracts, and other evidence related to the facts in dispute.

Whose name is this "personal name", is the legal representative of the company, if so, you can ask the defendant to show a business license, or it can be used to prove it.

If not, it is difficult to prove, pay wages in a personal account, and report it to the tax.

Legal analysis: Yes, the evidence to prove the labor relationship includes: work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimony (if you leave the job), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc.

Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties.

Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Labor Law of the People's Republic of China Article 16 A labor contract is an agreement between an employee and an employer to establish a labor relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.

The salary card can be used as a certificate to prove the existence of a de facto employment relationship between the employer and the employee, in addition to the following documents: records of payment of various social insurance premiums; Attendance records; A certificate issued by the employer to the employee to prove the employee's identity; The employment record of the employer filled in by the employee, etc.

A work permit indicates a person's document to work for a certain organization. According to the provisions of the Notice on Matters Concerning the Establishment of Labor Relations issued by the Ministry of Labor and Social Security. If the employer has not signed a labor contract with the employee, the employee can use the "work permit" issued by the employer and other documents that can prove the identity of the employee as evidence of the existence of an employment relationship between the two parties.

The notice stipulates that 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: wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; "Work Permit", "Service Certificate" and other documents issued by the employer to the employee that can prove the employee's identity; Recruitment records such as the "registration form" and "registration form" filled in by the employee; Attendance records and other employee testimonies, etc. Based on the adjudication experience of arbitration commissions and courts in various districts in Beijing, the author often denies the simple "work permit" by the employer in court hearings, but is not accepted by the arbitration commission or the court, and the reason is that the "work permit" does not have the company's official seal and other certificates that can prove that it is issued by the company, so the employee should pay attention to the cautious use of this evidence.

In addition, the purpose of the employee to prove the employment relationship is often to claim compensation, such as double compensation for failure to sign the labor contract, dismissal compensation, etc., in practice, it is far from enough to prove the existence of the labor relationship, and the time limit to prove the employment relationship between the two parties; For example, when to start the contract and when to terminate the contract. In addition, there is also the proof of the worker's salary, and these three points are the basis for calculating the economic compensation (compensation). (The article is from the Internet, for reference).

Legal Analysis: Bank salary details can prove the employment relationship.

Legal basis: Article 2 of the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations Article 2 If an employer has not signed a labor contract with an 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 issued by the employer to the worker that can prove the identity of the worker; (3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment 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). Rough search.

The salary card can be used as a certificate to prove the existence of a de facto labor relationship between the employer and the employee, in addition to the following documents: records of payment of various social insurance premiums; attendance records; A certificate issued by the employer to the employee to prove the identity of the employee; The employer's employment record filled in by the employee; Testimonies of other workers, etc.

[Legal basis].

Article 2 of the Circular of the Ministry of Labor and Social Security 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 Permit", "Service Certificate" and other documents issued by the employer to the employee that can prove the identity of the employee;

(3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment 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).

Legal analysis: Having a payroll card can prove the employment relationship. If the employer has not signed a labor contract with the employee, it may refer to the wage payment voucher or record (employee payroll roster), records of payment of various social insurance premiums, etc., when determining the existence of an employment relationship between the two parties.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.

If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.