If there is no labor contract, no employee certificate, and there is a recording from the boss, can

It can be used to prove the employment relationship.

1. Proof of the existence of labor relations mainly includes: labor contract, work permit, work permit, work clothes, time card, salary payment record, salary card bank punch record, worker's certificate, etc.

2. The recording with the person in charge of the employer can be used as evidence, but it is best to use it in combination with other evidence that can prove the existence of an employment relationship, so as to improve the probative force of the evidence.

Article 68 of the Several Provisions on Evidence in Civil Proceedings stipulates that evidence obtained by means that infringes upon the lawful rights and interests of others or violates the prohibitive provisions of the law cannot be used as the basis for determining the facts of a case. In the case of audio recordings, this means that if the holder of the recording evidence violates the privacy of others or violates the prohibition of the law, such as recording the privacy of others or eavesdropping on the audio recordings obtained at his or her work or residence, the use of such recordings will still be excluded.

Not necessarily, the evidence is not sufficient, your boss can say that it is just verbal, but the people are not coming to work... Personal opinion It is necessary to consult a professional lawyer for details.

Only the audio recording cannot prove the existence of an employment relationship between the two parties, and you can collect some other evidence, such as payroll records.

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 employer's recruitment "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Employees can apply for labor arbitration to protect their rights if they have a dispute with the employer due to work-related injuries, and employees can apply for work-related injury recognition on their own, and if the employer does not cooperate, they can apply for labor arbitration to protect their rights. If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, his or her immediate family members, or the trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or failure of the diagnosis or assessment of the occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located. Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations. Article 18 The following materials shall be submitted to submit an application for recognition of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate). The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee. Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time.

After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it. This Law shall apply to the following labor disputes between a unit and a worker:

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, medical expenses for work-related injuries, economic compensation or compensation, etc.;

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

According to Article 17 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

What should I do if my boss does not admit my work-related injury, and I have no contract and no proof and witnesses? If the boss does not admit my work-related injury, what should I do if there is no contract, no certificate and no witnesses1. If the boss does not admit it, he should first apply for labor dispute arbitration to confirm the labor relationship. 2. If a work-related injury is recognized, it must be based on the existence of a labor relationship, so if the employer does not recognize it after the work-related injury, it must first confirm the labor relationship, and if the labor relationship is confirmed, it shall go through labor dispute arbitration.

3. In order to confirm the existence of the labor relationship, the employee should provide evidence, which can be the proof of other employees working together, especially the proof of other employees when suffering a work-related injury is more useful. 4. After confirming the labor relationship, apply for work-related injury recognition. Please note that the statute of limitations for applying for a work-related injury determination is one year from the date of the work-related injury.

Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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 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, medical expenses for work-related injuries, economic compensation or compensation, etc.; 6) Other labor disputes as stipulated by laws and regulations. Do you understand this explanation?

Although there is no employment contract, as long as it is proved that there is a de facto labor relationship, compensation can still be made according to the work-related injury compensation standard

Proof of de facto labor relationship: De facto labor relationship refers to the labor and employment relationship formed without a written contract or a valid written contract and the labor and employment relationship reached by oral agreement. The confirmation of the de facto employment relationship needs to be moved.

The legal status of de facto labor relations confirms that labor relations do not depend on the existence of written contracts, expands the scope of labor protection, has greater constraints on employers who do not sign labor contracts, and protects the legitimate rights and interests of workers.

How to determine whether a genuine employment relationship has been formed? If an employee discovers that the employer has not signed a labor contract with him/her, he/she shall pay attention to collecting the following evidence in case of emergency.

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

2) Work permits, service permits and other documents issued by the employer to the worker.

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.

Hello, as a senior lawyer, I have the following opinions on whether evidence such as contracts and audio recordings are required for personal work-related injury identification:

1.In essence, the identification of personal work-related injuries is a civil dispute, which requires evidence and counter-evidence. Therefore, it will be beneficial for the parties to the personal work-related injury appraisal to provide relevant evidence to protect their own rights and interests. Contracts, audio recordings, written testimony, etc., can all be used as evidence.

2.However, it is not absolutely necessary to provide evidence such as contracts or audio recordings for personal injury evaluations. Because the tort of an individual work-related accident is a factual act, it is not premised on the expression of intent of the parties, i.e., the contract.

Therefore, even if there is no written contract, an individual injury appraisal can still be conducted.

3.In cases where there is an oral agreement, if a party is unable to provide other documentary evidence or evidence such as witness testimony, it becomes essential to record the audio as evidence. It can prove the content of the oral agreement between the two parties, which plays an important role in avoiding disputes or protecting rights and interests.

However, the premise that the recording itself can also be used as evidence is that the process of obtaining it is legal and compliant.

4.If one of the parties is really unable to provide any written or oral evidence, the personal injury appraisal can still be based on other evidence, such as medical records, accident scenes**, third-party testimony, etc. However, in the case of insufficient evidence, it will be more difficult for the applicant to protect his rights and interests, and there is a risk of an adverse judgment.

In summary, evidence such as contracts or audio recordings is not absolutely required for personal work-related injury identification, but the existence of written evidence or audio evidence is conducive to the trial of the case and the protection of the applicant's rights and interests. If sufficient evidence cannot be provided, the applicant will be exposed to the corresponding risks. As the applicant's lawyer, on the basis of a preliminary understanding of the circumstances of the case, he needs to judge the importance and necessity of the evidence, and guide the client to properly obtain and preserve the evidence, so as to facilitate the subsequent litigation procedures.

From a legal point of view, I analyzed the importance and necessity of evidence in the appraisal of individual work-related injuries, and pointed out relevant opinions and risk warnings. If you have any other legal questions, I am ready to provide professional legal analysis and advice.

The personal work-related injury appraisal is judged and evaluated based on relevant evidence and circumstances, including the scene investigation of the accident, medical certificates, and relevant witness testimony. If you do not have a contract, but you have a recording as evidence, you can provide it to the appraisal agency as one of the reference bases for proving the work-related injury.

It should be noted that the recording as evidence only has a certain reference significance, and the appraisal agency needs to comprehensively consider other relevant evidence, such as medical certificates and on-site investigations, to comprehensively assess the degree of work-related injury and the amount of compensation. Therefore, it is recommended that you provide other relevant evidence along with the audio recording evidence so that the appraisal agency can assess your injury more accurately.

Find the right evidence of your work there, and you can prove that you work for your boss by showing the ** (show the time and place) in your job.

Staring at him all day long, looking at him and making trouble, watching him eat well, even if you call the police, it's useless.

Make a complaint to the local business administration.

Hello, yes. It is advisable to apply for labor arbitration, confirm the labor relationship, and then claim for work-related injury benefits.

Take some evidence such as pay stubs and work records to the labor bureau to apply for a work-related injury.

There are still unclear consulting lawyers.

No way, I think I'm unlucky! But are there no witnesses? Think for yourself.