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Is it okay to have witnesses without a labor contract?
If there is no labor contract, other evidential materials can be used to prove the existence of labor relations. According to the Notice on Relevant Matters Concerning the Establishment of Labor Relations, 2. If the employer has not signed a labor contract with the employee, it can refer to the following documents when determining that there is a labor relationship between the two parties: (1) wage payment vouchers or records (payroll roster for employees) and records of paying various social insurance premiums; (2) Work permit, service certificate and work clothes; (3) The relevant vouchers, registration forms and application forms of the employer filled out by the employee; (4) attendance records; (5) Testimony of workers, etc.
Legal objectivity:
Notice on matters related to the establishment of labor relations II. When the employer has not signed a labor contract with the employee and determines that there is a labor relationship between the two parties, it can refer to the following documents: (1) wage payment vouchers or records (payroll roster for employees) and records of paying 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.
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