Legal basis: Notice on matters related to the establishment of labor relations 1. The employer has not concluded a written labor contract, but the following conditions are met at the same time, and the labor relationship is established.
(a) the employer and the employee meet the subject qualifications stipulated by laws and regulations;
(2) Laborers accept the labor management of the employing unit and engage in paid labor arranged by the employing unit, and the labor rules and regulations formulated by the employing unit according to law shall apply;
(3) The labor provided by laborers is an integral part of the employer's business.
Two, the employer has not signed a labor contract with the employee, in determining the existence of labor relations between the two sides, you can refer to the following documents:
(a) payment vouchers or records (payroll), the payment of various social insurance premiums;
(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;
(3) Employment records such as Registration Form and Application Form filled out by employees;
(4) attendance records;
(5) Testimonies of other workers, etc.
Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.