Can wage social security prove labor relations?

Legal analysis: In order to distribute the burden of proof reasonably, the Labor Contract Law implemented this year stipulates: "In the event of a labor dispute, the parties have the responsibility to provide evidence for their claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences. " At the same time, the second paragraph of Article 39 of the Law also stipulates: "If the laborer cannot provide the evidence related to the arbitration request that is controlled and managed by the employer, the arbitration tribunal may require the employer to provide it within a specified time limit. If the employer fails to provide it within the prescribed time limit, it shall bear the adverse consequences. "

The social security certificate is held by the company and should be provided by the company. No matter whether the company can provide proof or not, you should assume that you have a labor relationship with the company.

Legal basis: Article 2 of the Notice on Matters Related to the Establishment of Labor Relations stipulates that if the employer has not signed a labor contract with the employee, it may refer to the following documents when determining that there is a labor relationship between the two parties:

(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.

The Administrative Regulations on the Declaration and Payment of Social Insurance Fees requires that the employer shall register social insurance for its employees and declare and pay social insurance fees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Social insurance premium refers to the basic old-age insurance premium, basic medical insurance premium, work injury insurance premium, unemployment insurance premium and maternity insurance premium paid by the employer and its employees according to law.

The employing unit shall inform the employees themselves of the details of the payment of social insurance premiums on a monthly basis, inform the employees' congress of the unit every year or announce the annual payment of social insurance premiums in a prominent position in the residence of the unit, and accept the supervision of the employees. The details and changes of the payment declared by the employer on behalf of the employee must be signed by the employee himself and kept by the employer for future reference.