Without contract how to prove the relation of working

Without contract, how to prove the relation of working

What if does not employing unit sign the labour contract? The employing unit of 10th regulation should sign the labour contract with labourer within one month in " contract law of working ". If workers go to work in the building site for more than one month, but the company is still unwilling if signing the contract, he can report to the labour department, demands to pay the double salary. Because according to the stipulations of article 82 of " contract law of working ", if the employing unit has not signed the written labour contract with labourer over one month for less than 1 year from the day of recruitment, should pay the double salary to the labourer per month.
If workers have not signed the labour contract with employing unit, but work for the employing unit in fact, it is accepted that the unit leads and manages, get salary from the units, all belong to and establish the relation of working of the fact with the employing unit, and no matter signed the written labour contract.
The relation of working of the fact is protected by law too. According to the notice spirit of Ministry of Labour and Social Security, the employing unit has not signed the labour contract with labourer, assert both sides can consult the following evidences while having relation of working: 1. Salary pay the evidence or record ' Salaries to workers release the register) , the record which pay every social insurance premium; 2.The employing unit released to the labourer " The employee's card " , " service card " Wait for the certificate that be able to prove the identity; 3.The employing unit that the labourer filled in advertises for workers and recruits " The registration form " , " entry form " When employing using the record; 4.The attendance is recorded, other labourers' testimony,etc.. Among them, the relevant evidences of 1, 3, 4 items are responsible for putting to the proof by the employing unit.
At present, the evidence that can collect in the building trade is as follows, material evidence, employee's card, attendance that the employing unit releases are recorded, meal ticket,etc., so long as useful people's unit name, official seal or person in charge above sign etc. and can all be regarded as the evidence; The testimony of a witness, fellow workers prove, 2 and the above, it is not the direct relative; Audiovisual material, talk the recording, video short film,etc..
If disease appears during working in enterprises, plan to apply for occupational disease to diagnose, the labourer can carry on the save of the relevant evidence. These evidences include: Labour contract, payroll,etc., can prove in the relevant evidence of the work of a certain work position of the factory; The taking a picture of working environment, ask fellow worker to help to do some identifications,etc..
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