Since I have no connections, the labor department ignored me

You work for an employer and do not have an employment contract.

You want the labor department to decide.

Labor relations with the employer.

According to.

Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations

1. The employer recruits the worker without a written labor contract

However, if the following circumstances are met at the same time, the employment relationship shall be established.

(1) The employer and the worker meet the qualifications of the entity as 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

Workers are 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. The employer has not signed a labor contract with the employee

When determining the existence of an employment relationship between the two parties, the following documents may be referred to:

(1) Wage payment vouchers.

Records of the payment of various social insurance premiums;

(2) The "work permit" issued by the employer to the worker.

"Service card" and other documents that can prove identity;

(3) The "registration form" and "registration form" of the employer filled in by the worker.

and other recruitment records;

(4) Attendance records.

(5) Testimony of other workers.

Wait.

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

Conversations between workers and unit leaders, audio and video recordings.

and other audio-visual materials

It is also possible to have an employment relationship with the employer as a worker.

evidence.

Are you here to ask questions, or are you here to complain?

1. Collect all kinds of documents of the employer containing the name of the employee. For example, various notices, work task lists, appointment notices, letters of introduction, sign-in sheets and other written materials issued by the employer containing the employee's name.

2. Collect documents signed by workers on behalf of employers with other entities or individuals. For example, the most common express delivery on behalf of the company can generally be used as evidence to prove the labor relationship, and others such as delivery notes, receipt notes, etc.

3. Audio and video recordings, **. Some workers may not be able to collect any documentary evidence, and if they do, they will need to create evidence, such as audio and video recordings, and photographs. Preferably, the recording should be a recording of the negotiation between the employee and the legal representative or principal responsible person of the employer.

It is best to take photos and videos of the employee commuting to and from the employer during working hours.

4. Collect network information. Nowadays, most of the work and communication of many enterprises are carried out on the Internet, and in the case of this, various announcements or messages registered on the employer's website, or records of various instant chat messages between employees and related personnel can also be used as evidence to prove the employment relationship. But there are some difficulties with this kind of evidence, such as:

It is generally difficult to prove that the two parties to the chat are the employee and the employee of the employer. In addition, web pages or chat logs need to be notarized before they can be used as evidence.

5. Collect mobile phone text messages and ** recordings. The exchange of mobile phone text messages and the recording of Shipai** when the employee negotiates with the legal representative or the main person in charge of the employer to negotiate the specific matter of Li He can also prove the existence of the labor relationship, but if there is the same problem, the identity of the owner of the mobile phone number must be proved first.

6. Collect the results of the labor inspection department. If the worker is unable to gather any of the above evidence by all means, the only last resort is to try to file a complaint with the local labor inspectorate so that it can help the worker collect favorable evidence. The reason why it is said to be an attempt is because this method is beyond the control of the worker, and whether or not the final evidence can be collected depends on many factors.

[Legal basis].

Article 50 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, so it is the legal obligation of the employer to issue such certificate, and the time for the employer to issue the certificate is at the same time as the dissolution or termination of the labor contract in accordance with the law. If the employer fails to issue the issue within the prescribed time, the employee may apply for labor arbitration in accordance with the law and request the employer to issue the issue.

You and your employer have a labor-and-debate relationship.

According to Articles 7 and 10 of the Labor Contract Law, the employer shall establish an employment relationship with the employee 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.

According to the above provisions, even if the employer does not enter into an employment contract with the employee, as long as the employer engages in employment with the employee, an employment relationship has been established between the two parties, and the employee enjoys the rights stipulated by labor laws and regulations.

In the event of a labor dispute between an employee and an employer, he or she may apply for labor arbitration to protect his or her rights if the complaint cannot be resolved by filing a complaint with the labor department.

Labor Dispute Mediation and Arbitration Law

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 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.

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

If you have not signed a special agreement with the company, and your resignation has not caused significant losses to the company's operation, the company should not claim compensation from you; The company is obliged to go through the relevant procedures for you to terminate the contract

1. If you voluntarily leave your job and do not greet the company, the company can consider that you are absent from work, and according to the company's general management system, the company can terminate the labor contract with you in the name of violating labor discipline if you are absent from work for more than 30 days. However, the company should complete the termination procedures for you, that is to say, go to the local labor bureau to go through the withdrawal and withdrawal procedures before the insurance can be suspended, but you need your cooperation and signature to handle the termination of the contract.

2. I don't know how to stop the social insurance without proof of withdrawal procedures, which is not in accordance with the procedures; You can ask the company to go through the formal withdrawal and withdrawal procedures for you, and the relationship will be withdrawn to the street where the household registration is located, and your new unit can handle the recruitment from the street.

3. You should be entitled to unemployment benefits after you retire from work and before you enter a new unit. However, if the contract is terminated due to violation of labor discipline, the contract cannot be compensated for termination.

If the negotiation fails, you can go to the local labor bureau to apply for arbitration.

If you leave your job yourself, what labor relations do you have to solve? You're gone, and it's normal to stop buying social security.

To apply for social security, you need a certificate of termination of labor relations from the previous unit, or you can't apply for social security.

However, you can apply for an unemployment certificate and then apply for an employment permit to solve the problem.

1. If the labor arbitration is not accepted, if the arbitration is not accepted, it can file a lawsuit with the court;

2. Legal basis: Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes [Basic Procedures for Handling Labor Disputes] In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.