Can't you claim if you do not sign a labor contract?

case

Wang is an employee of a mechanical company, and the two sides have verbally agreed to the monthly salary of the month and did not sign a written labor contract.

One day, Wang was injured by the iron block when he was working at a mechanical company. Afterwards, the mechanical company issued a certificate to prove the specific process of the accident and stamped the official seal (including the content related to the work relationship). Wang applied to the local Human Resources and Social Security Bureau for the determination of work injury. After verification of the Bureau, the bureau was identified. Later, Wang was identified as a disability nine levels.

However, the mechanical company has always denied that there is a labor relationship between the two parties, believes that there is a problem with the identification of work injury and refuse to pay related compensation.

Later, Wang filed a lawsuit in the court

The court passed the review of relevant evidence

Recognize between Wang and the mechanical company

There is a factual labor relationship

And support relevant compensation

analyze

Basis one

According to the "Notice of the Ministry of Labor and Social Security on the Establishment of Labor Relations" (issued by the Ministry of Labor News Agency [2005] No. 12), the employer did not sign a labor contract with the workers, and it was determined that the two parties could refer to the following vouchers when there was a labor relationship. The

(1) Wage payment vouchers or records (roster issuance of employee wages), records of paying various social insurance premiums;

(2) The "work permit" and "service certificate" issued to the employer to the workers can prove identity;

(3) Recruitment forms, registration forms, etc. filled in the employer recruited by the employer;

(4) attendance records;

(5) testimony of other workers.

Based on the two

According to Article 14 of the "Regulations on Work Injury Insurance", if employees are injured in working hours and workplace due to work reasons, they shall be identified as work injury.

Therefore, due to working injuries, workers can provide proof of work certification, wages, work permits, registration forms and other related materials proof of the existence of factual labor relationships with employers, and can also be identified as working injuries, and requesting employers to pay relevant treatment.

Editor in this issue: Zhang Zixuan

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