The legal basis for identifying factual labor relations

The legal basis for ascertaining factual labor relations mainly includes the Labor Contract Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes, and the oral or written agreement between workers and employers.

Factual labor relations refer to the actual labor relations between workers or employers without written labor contracts. In China, although labor laws and regulations require employees and employers to sign written labor contracts, in fact, many employees and employers only have factual labor relations without written contracts. In this case, China's laws have also given protection, and the legal basis for identifying factual labor relations mainly includes the following aspects: 1. The Labor Contract Law of People's Republic of China (PRC) clearly stipulates that workers and employers shall sign written labor contracts according to law. However, if a written labor contract is not signed, according to the relevant regulations, the employer should participate in social insurance for employees and pay their wages in full, otherwise the employer will face legal responsibilities. 2. "People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law" This law stipulates that the determination of factual labor relations should be based on the essence of the relationship between workers and employers, not on oral or written agreements. If there is a real labor relationship between employees and employers, even if there is no written contract, employees still enjoy corresponding rights and protection. 3. Oral or written agreement between laborer and employer Although oral or written agreement cannot replace written labor contract, oral or written agreement between laborer and employer still has certain probative force in the determination of factual labor relationship. If there is a willingness to sign a written contract between employees and employers, and in fact there is already a labor relationship, then it will also help to prove the existence of a factual labor relationship.

If employees and employers do not pay wages or participate in social insurance, does this mean that there is no factual labor relationship? Not necessarily. Although according to the relevant laws and regulations, the employer should participate in social insurance for employees and pay wages in full according to the regulations, this cannot deny the fact that there is actually a labor relationship between employees and employers. If the employees have already worked in the employer, and the employer has the ability to lead, manage and supervise the employees, then the factual labor relationship between the employees and the employer can be recognized as existing.

The existence of factual labor relations in China has its practical significance and legal basis. For employees and employers who are worried about the existence of factual labor relations, they can rely on the law to safeguard their rights and interests in the process of labor dispute mediation.

Legal basis:

Article 19 of the Labor Contract Law of People's Republic of China (PRC) * * * The employing unit shall pay labor remuneration to the workers, and shall not delay or pay labor remuneration in full.