If the employer and the employee have not signed a labor contract, the following documents can be used to prove the labor relationship in litigation: the employer's recruitment record filled in by the employee; attendance records; wage payment vouchers or records, and payment of various social insurances records of fees; documents issued by the employer to workers to prove their identity; testimonies of other workers, etc.

In order to avoid special circumstances, workers should do the following:

1. Sign a labor contract when joining the company. The labor contract is the most important legal document that stipulates the rights and obligations between the employee and the employer. The signing of a labor contract can effectively protect the rights and interests of workers in the process of labor disputes. Therefore, workers must request to sign a labor contract with the unit when joining the company.

2. As permitted by company regulations, try to retain the original materials that can prove the labor provided. When the employer denies the labor relationship, business authorization letters stamped with the company's official seal, business contracts signed on behalf of the company, application for loans, credit card salary certificates, temporary residence permits, and certificates of employee rating by the unit, etc., may all be used as confirmation. The basis of labor relations, so workers should try to keep the originals of these documents.

3. Apply to the court to investigate and collect evidence from relevant units and departments. In order to protect workers' litigation rights and interests, the law gives parties the right to apply to the court for investigation and evidence collection. Under the current circumstances, some social units do not accept individual citizens for investigation and evidence collection, such as major commercial banks and social security administrative departments. If the employer has paid social insurance premiums for the workers or entrusted a bank to pay wages to the workers, the workers can apply to the court to obtain relevant documents from these departments. Social insurance payment certificates and wage payment agreements can be regarded as strong evidence to prove the existence of a labor relationship.

4. Ask colleagues who were employed to provide witness statements. When providing witness testimony, the following matters need to be noted: First, the witness must be able to prove that there is a labor relationship between the witness and the employer; secondly, there cannot be a labor dispute between the witness and the employer, otherwise it will be regarded as having an interest in the case; Thirdly, witnesses must appear in court to testify. Simple written testimony is generally not accepted by the court.

5. The customer applying for service shall issue a certificate. When the employer neither signs a labor contract nor pays social insurance premiums, pays wages in cash, and the employee does not retain valid evidence, the employee can try to ask the company client who has received services to issue a certificate for him or her. If the client is a citizen, he/she needs to appear in court as a witness; if he/she is a legal entity, a written certificate stamped with the official seal of the entity is required.

Legal basis:

"Labor Contract Law of the People's Republic of China"

Article 7 The employer shall enter into a contract with the employee from the date of employment. Establish labor relations. The employer shall establish a roster of employees for reference.

Article 8 When recruiting workers, the employer shall truthfully inform the workers of the work content, working conditions, working location, occupational hazards, production safety conditions, labor remuneration, and other information that the workers require to know. ; The employer has the right to know the basic information directly related to the employee and the labor contract, and the employee should explain it truthfully.

Article 9 When an employer recruits workers, it shall not detain the workers’ resident identity cards and other documents, require the workers to provide guarantees, or collect property from the workers in other names.

Article 10 To establish a labor relationship, a written labor contract must be concluded.

If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

"Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations"

Article 2 The employer has not signed a labor contract with the employee and may refer to the following when determining that a labor relationship exists between the two parties: The following vouchers:

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

(2) Employer’s payment to workers The issued "work permit", "service permit" and other documents that can prove identity;

(3) The employer's recruitment "registration form", "application form" and other recruitment records filled out by workers;

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(4) Attendance records;

(5) Testimonies of other workers, etc.

Among them, the burden of proof for items (1), (3), and (4) lies with the employer.