Job Recruitment Website - Recruitment portal - What if there is no labor contract and only chat records?

What if there is no labor contract and only chat records?

Legal analysis: If the employer has not signed a labor contract with the employee, and the employer denies the existence of a labor relationship, it is necessary for the employee to have evidence to prove the existence of a factual labor relationship in the event of a dispute. When determining labor relations, you can refer to the following documents:

I. Vouchers or records of wage payment (employee payroll) and payment records of various social security fees;

Two, the employer issued to the workers "work permit", "service card", "proof of going out" and other documents that can prove identity;

3. The employee fills in the recruitment records such as the "Registration Form" and "Registration Form" of the employer;

Fourth, attendance records;

Witness statements of other workers, etc.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employing unit and the employee may terminate the labor contract through consultation.