How can an employment relationship be proved without a contract?Although an employment contract is an effective way to prove an employment relationship, it is not the only evidence. In some cases, even if there is no written contract, there are still other ways to prove the existence of an employment relationship.
Employees can prove their employment relationship with their employer through wage payment records. Payslips, bank transfer records, or cash payment records, among others, can be used as evidence to show the fact that the employer is paying the employee. These records can prove that there is an economic relationship between the parties, where the employee provides labor and is compensated accordingly.
The employment relationship can be proved by an oral agreement between the parties. Although an oral agreement is usually not as legally binding as a written contract, if sufficient evidence can be provided to prove that the parties have reached an employment agreement, then the employment relationship can also be recognized. This evidence can include transcripts of conversations between the parties, emails, or other written records of communications, among other things.
Employees can also prove the existence of an employment relationship through other documents provided by the employer. For example, documents such as employee handbooks, training records, and work schedules can be used as evidence that employees work for their employers and are under their management and guidance.
If there is a long-term and stable working relationship between the parties, social insurance and tax records can also be used as valid evidence to prove the employment relationship. The employment relationship between employees and employers can be reflected in their social insurance contributions and tax records.
Therefore, although the absence of a contract may bring certain difficulties to prove the employment relationship, it does not mean that it cannot be proved. Through various channels such as payment records, oral agreements, other documents, social insurance, and tax records, sufficient evidence can be provided to establish the existence of the employment relationship and protect the rights and interests of employees.