Can social security prove labor relations?

Legal analysis: Social insurance can prove labor relations.

According to the law, the employer shall register social insurance for its employees and declare and pay social insurance premiums 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.

Therefore, the social security paid by the company for employees can prove that workers and employers have formed a labor relationship.

Legal basis: Circular II on matters related to the establishment of labor relations. 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.