In practice, there are many incidents where employees suffer losses due to their inability to prove their labor relationship with employers. We know that businesses hire employees for their work, and both parties should sign a labor contract. The legal effect of a labor contract can protect the basic rights and interests of both parties in the labor relationship. So, what are the standards for determining the labor relationship between employees and employers in the absence of a signed labor contract? Let's summarize this with insights from experienced lawyers in Liaoning.

1. What are the standards for determining the labor relationship between employees and employers?

If no labor contract is signed, how can the labor relationship be determined? The following three standards are mainly referenced:

(1) The employer and the employee meet the qualifications stipulated by laws and regulations.

(2) The various labor rules and regulations formulated by the employer apply to the employee. The employee is subject to the labor management of the employer and engages in paid labor arranged by the employer.

(3) The labor provided by the employee is part of the employer's business.

These three standards actually include an examination of the employer, labor behavior, and the employee. The employer must be an enterprise or individual economic organization as defined in our labor law, while labor behavior refers to the process in which the employee engages in specific labor under the management of the employer and receives compensation. The employee must also possess legal qualifications.

2. What evidence should be collected to prove the labor relationship between both parties?

It is important to collect the following evidence. If a worker finds that the employer has not signed a labor contract with them, they should pay attention to collecting the following evidence in case of unexpected needs.

(1) Wage payment vouchers or records, as well as records of various social insurance payments.

(2) Work permits, service permits, etc., issued by the employer to the worker, which can prove their identity.

(3) Employment registration forms filled out by the employee, recruitment records, etc.

(4) Attendance records.

(5) Testimonies from other employees, etc. In summary, employees should pay attention to collecting their income vouchers, identity proofs related to the employer, recruitment materials from the employer, evidence of the employer's management of the employee, and other evidence that can serve as corroboration. It should be particularly noted that the employer's reimbursement vouchers, emails sent for work purposes, etc., also constitute valid evidence. In short, any documentation that can prove that one has worked for the employer.