How to prove labor relations

First of all, if there is no labor contract, salary slip, work permit and social security, it is relatively difficult for workers to prove labor relations, and workers have the obligation to prove the existence of labor relations.

If there are no above items, I suggest you start from the following aspects.

1, you can communicate with the person in charge of the company about being crushed, and then make a record. As long as the person in charge admits that there is a labor relationship in the recording, it can also be established.

2. You can find workers to prove labor relations.

Many people think that labor dispute cases are simple, but they are not. In complex labor dispute cases, the most crucial and important thing is how to prove labor relations, that is, how to collect evidence of labor relations, which is extremely important in labor dispute cases! Let me give you some advice:

1, the labor contract signed by both parties (the labor contract law has been implemented for more than 10 years, and the biggest progress is that the signing rate of written labor contracts has increased, but there are not many labor contracts for workers);

2. Salary card, salary passbook, salary slip or company seal confirmation record (many companies don't give salary slip, and there is no need to pay public accounts);

Individuals of the legal representative (company shareholders, company finance, etc.). ) it is also useful to transfer wages.

The salary records of WeChat or Alipay can also be used as evidence.

3. Employee roster/employment registration form stamped by the unit;

4, social security records, housing provident fund records, purchase of commercial insurance records;

5, the employer issued to the workers "work permit", "service certificate" and other documents that can prove identity;

6. Recruitment records such as Registration Form and Registration Form filled out by employees;

7. Attendance records stamped by the employer;

8. A written letter of introduction issued by the employer when traveling;

9. Testimony of colleagues (if colleagues have not left their jobs, they are generally unwilling to come forward);

10, company website, official WeChat account publicity photo (with your photo), photos of company group activities (such as travel, dinner, etc.);

1 1, nail punching record (some companies like to use this).

There are similar company WeChat group work records, daily work interaction records with the boss, telephone recording and so on. , can be used as auxiliary evidence!

In judicial practice, the proof of labor relations often needs a combination of various auxiliary evidences to form an evidence chain!

For those employers who are particularly tricky, I hope that everyone will be a conscientious person from the first day of employment. As long as you really work in the company, you are indeed an employee of the company (if you are not an employee at all, don't talk nonsense, it's really disgusting and fucked around). Judges tend to favor more workers!

1, labor contract.

2. Vouchers or records of wage payment (for example, bank flow sheet, in which the company name will be displayed, and the summary remarks will be payroll or wages. If it is not a company account, it is a personal account, and the account of the legal representative is not a big problem. If it is someone else's account, it is necessary to prove that someone else has a relationship with the company, such as the company's finance and the boss's wife.

3. Social security payment records.

4, housing provident fund payment records.

5. Work permit and access card stamped with the official seal of the company.

6. Documents stamped with the official seal of the company that can prove that the laborer is an employee of the company (such as power of attorney, entrusting the laborer to handle official business in relevant departments; For example: a worry-free cooperation agreement with the future, which says that the contact person is a worker; E.g., a letter of appointment).

7. Documents signed by the legal representative. The legal representative's signature is equivalent to the company's seal to some extent.

8. Documents signed by other personnel of the company. For example, entry registration form, resignation handover form, etc. All signed by the head of the personnel department. Of course, workers must first prove that the signer is a company employee.

9. Some contents of the company website can prove that workers are employees of the company. The webpage belongs to electronic evidence, which is easy to modify and delete. It is recommended to notarize it in time.

10, SMS, WeChat chat record, QQ chat record, etc. Between the legal representative or the staff leader and the staff. Of course, first of all, we must prove that the other party's mobile phone number or WeChat or QQ is the number of the company's legal representative or leader. For example, this number has been published on the company's website, and this number has been left in the company's external recruitment or external business activities. For related web pages, notarization is required.

1 1. Some mails exchanged by workers using enterprise mailboxes, of course, workers should notarize them in time to prevent enterprises from closing their mailbox rights.

12. witness testimony, such as that of colleagues. Of course, colleagues need to prove that they are employees of the company first. For example, the testimony of the customer's staff proves that the staff has conducted business dealings with the customer on behalf of the company. Of course, we must first prove that the customer is the customer and the witness is the customer's staff. This involves a trial rule: if the laborer has proved that he works in the employer, but the employer claims that there is no labor relationship, the employer shall submit evidence to the contrary.

It should be noted that witnesses need to appear in court for cross-examination, otherwise, testimony will generally not be accepted.

If the above evidence is conclusive, the workers can't take it out.

13, and then try to record the conversation. The conversation is enough to prove that the laborer is a company employee. It is best to talk with the legal representative. If you are talking with other people, you must first prove that others are employees of the company, specific positions and so on.

If there is no audio and video evidence of the conversation, then the workers can't do it.

14, the only last resort is to apply for labor arbitration or court investigation and evidence collection. Of course, this is uncertain, because the current situation in China is that there are many cases and few investigators, so it is impossible to go out to investigate every case.

Case link:

Shenzhen Intermediate People's Court once handled a case, and both labor arbitration and first instance found that there was no labor relationship between the two parties. At the second trial, the laborer stated in detail the details of his position as a warehouse manager, how to join the job, who hired him, where he worked, what his position was, what his job content was, how much he earned, and how to distribute it. Later, he also said that he still had a key to the warehouse, so after the trial, the judge took the warehouse manager to the workplace, and the worker took out the key to keep it and opened a warehouse. Then the unit could not explain why the laborer had the key to the unit warehouse, and the court finally found that there was a labor relationship between the two parties.

Bad idea:

Therefore, if we leave our jobs as workers and there is no evidence to prove the labor relationship, we should leave a key on our desk or the key to the entrance and exit, or even engrave our names in an unknown position on our desk, saying that we are employees of this company and so on. These are the first-hand preparations for the counterattack troops to apply for investigation and evidence collection in the future.

Case link:

Tell me another case that I tried as an arbitrator.

The unit also denied labor relations, and only one work certificate was submitted by employees, which was stamped with the official seal of the company. However, the unit denied the authenticity of the official seal. Let me compare the official seal of the power of attorney. It seems a little different. I guess the official seal on the work certificate is not the official seal of the Public Security Bureau for filing.

To tell the truth, if the official seal is not true, the employee's evidence is not enough to prove the existence of labor relations between the two parties.

In fact, as an arbitrator, I believe in my heart that there must be a relationship between employees and units. Otherwise, why don't employees say goodbye to the unit and only sue your unit?

Then how should this case be tried?

I thought about it and said the following sentence.

"In view of the fact that the respondent does not confirm the labor relationship, the applicant advocates the labor relationship, and there is a situation in which one party makes a false statement. We solemnly inform both parties that in the next arbitration investigation, both parties should uphold the principle of good faith and answer our investigation questions. If one party acts in bad faith and hinders the arbitration trial, we will pursue the corresponding legal responsibilities according to law. "

The clerk recorded everything I said in the record.

I went on to say, "I heard that the court has fined tens of thousands of dollars for such false statements and obstruction of civil proceedings. And to be honest, this lie deceives labor arbitration, and it still has a taste of obstructing official duties. "

The clerk wrote it down again, and I quickly said that I don't remember this paragraph.

After that, I announced a five-minute recess for both parties to check whether there is any labor relationship, and the court will continue in five minutes. 1

10 minutes later, the trial will continue.

I asked: Did the respondent confirm the existence of a labor relationship with the applicant?

A: Yes.