If there is no labor contract, you can prove the labor relationship through work permit or work permit (preferably stamped with official seal), salary card transaction record, salary slip, tooling with company name, tax payment certificate printed and stamped by local taxation bureau, attendance record, social insurance payment record, dispatch list, colleague testimony (both for leaving and going to work), audio and video recording or other written materials with your name and official seal or boss's signature.
Labor Contract Law
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Article 48 If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the laborer requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.
Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.
Notice on matters related to the establishment of labor relations
1. The employer has not signed a written labor contract, but in any of the following circumstances, the labor relationship is established.
(a) the employer and the employee meet the subject qualifications stipulated by laws and regulations;
(2) Laborers accept the labor management of the employing unit and engage in paid labor arranged by the employing unit, and the labor rules and regulations formulated by the employing unit according to law shall apply;
(3) The labor provided by laborers is an integral part of the employer's business.
Two, the employer has not signed a labor contract with the employee, in determining the existence of labor relations between the two sides, you can refer to the following documents:
(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.