How to confirm the labor relationship of migrant workers, and how to determine the labor relationshi

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.

As long as there are facts.

According to China's current laws and regulations, only labor arbitration commissions and courts can confirm labor relations.

For details, you can consult the local labor arbitration commission. Thank you!

Legal Analysis: The determination of the labor relationship of migrant workers is based on the former Ministry of Labor and Social Security.

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, and records of payment of various social insurance premiums;

2) The "work permit" and "service and auction certificate" 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" 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).

1. What proof is required for work-related injury compensation for migrant workers without a contract?

Proof to be submitted for work-related injury compensation for migrant workers without a contract:

1. It is to apply to the local labor department for labor arbitration, confirm the legality of the labor relationship between the two parties, and the evidence to prove the labor relationship is the key;

2. It is to apply to the local social security department for work-related injury identification. After being identified as a work-related injury, the employee shall go to the Labor Ability Appraisal Committee for a disability evaluation. Only after the identification of the state lead level such as disability, the employer and the social security department will compensate according to the different disability levels.

2. What materials are required for work-related injury compensation without signing a labor contract?

Materials to be submitted for work-related injury compensation for migrant workers who have not signed a contract: 1. Apply for labor arbitration at the local labor department to confirm that the labor relationship between the two parties is legal, and evidence to prove the labor relationship is the key. 2. Go to the local social security department to apply for work-related injury identification, and after the work-related injury is identified, go to the labor ability appraisal committee to do the disability evaluation.

3. What should I do if I delay my salary and don't pay my salary?

If you are deceived or hurt, students must report and complain, rather than giving up after looking for it a few times. Of course, during this period, if the company is unwilling to sign the agreement due to temporary recruitment and other reasons, students must pay attention to keeping all evidence of labor relations with the employer, such as pay slips, work clothes, and clock-out records, so that in the event of a dispute, there will be evidence to defend their rights. If it is to do **, you can keep the sales ** products provided by the company, or the uniform clothing provided.

Of course, you can also keep the recording, ** and other relevant evidence to prevent the occurrence of infringement of your own rights and interests. It is best for students to go out to work in a group, and at the same time inform parents, relatives and friends of the place of work. If the work is dangerous, it also depends on whether the employer has accident insurance.

Article 4 of the Labor Law stipulates that an employer shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations.

Legal Analysis: The determination of the labor relationship of migrant workers is based on the former Ministry of Labor and Social Security.

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 of the 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 labor caller;

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).

The following materials can be used to determine the labor relationship between migrant workers and employers: first, the labor contract, if the filial piety employer has not signed a labor contract with the employee, it can be determined by relying on the wage payment voucher or record, the record of payment of various social insurance premiums, and the work permit issued by the employer to the employee.

Article 2 of the Notice on Matters Concerning the Establishment of Labor Relations Article 2 Where 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 losing parties: (1) Wage payment vouchers or records, 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; Testimonies of other workers, etc.