[Direct answer]In the Beijing area, flexible employment platforms and employees also need to sign written contracts, the type of which depends on the nature of the employment relationship. According to Article 10 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), the establishment of an employment relationship requires the signing of a written labor contract. Where an employment relationship has been established but no written contract has been signed at the same time, the contract shall be signed within one month from the date of employment. If the parties are in a cooperative or service relationship, they should also clarify the compensation, settlement, and responsibility sharing through a written agreement. In practice, platform employment may constitute an employment relationship, a service relationship, or a cooperative relationship. The key to determining this lies in whether there is personal dependency and economic subordination. Signing a written contract is not only a compliance requirement but also the basis for future rights protection and evidence collection. Relevant employment disputes can be referred to for reference.Work-related injuriesColumn.

I. Problem background and typical scenarios

These types of issues often arise in several scenarios: First, practitioners register and start working on the platform without signing any contract, and are only paid on a per-order basis; Second, the platform requires them to sign "cooperation agreements" or "contracting agreements" instead of labor contracts, leaving practitioners unsure about the nature of the relationship; Third, the employment process involves multiple layers of outsourcing and subcontracting, with practitioners unable to obtain the original contract and unaware of the actual employer; Fourth, freelancers simultaneously serve multiple platforms, leading to confusion over income and responsibility attribution; Fifth, when disputes over unpaid wages or work-related injuries arise, the platform defends itself by claiming "there is no employment relationship between the two parties". When handling similar cases in the Beijing area, courts often look beyond the contract's title to determine the nature of the relationship based on actual employment facts. The absence of contractual documents often puts practitioners at a disadvantage in providing evidence.

II. Key points of contention

Focus One: Determining the nature of the relationship—whether it's an employment relationship, a labor service relationship, or a cooperative relationship—centers on the employee's personal dependence on the employer and economic subordination. Focus Two: Requirements for written contracts. Establishing an employment relationship must be formalized within one month. Failure to sign a contract within this timeframe results in the employer being required to pay double the wage difference. Focus Three: The name of the agreement does not determine its nature. Agreements labeled as "cooperation" but essentially involving labor may still be classified as employment relationships. Focus Four: The validity of electronic labor contracts. Electronic contracts that comply with regulations and are concluded in a verifiable manner are equally enforceable. Focus Five: Identifying the employment entity in multi-tiered outsourcing arrangements. When the contracting party, payroll issuer, and management entity are inconsistent, the responsible party must be clearly identified. Focus Six: Determining the existence of a de facto employment relationship without a signed contract. Payroll records, attendance logs, and work arrangement records can all serve as supporting evidence. For specific cases involving wage recovery and enforcement, please refer to the currently applicable laws, regulations, and judicial rulings.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Law Firm

Taking a labor dispute case handled by our firm as an example, we can observe the role of written contracts in rights protection and defense. In August 2025, A Company issued "Notices of Termination of Labor Relationship" to 12 employees, including Zhang Li, Hu Fei, and Liu Gang, on the grounds of irregular recruitment procedures discovered during inspections, unilaterally terminating their labor contracts. During their employment, these employees had been providing labor, accepting management, and receiving salaries normally, and some of them had even renewed their labor contracts with the company. The 12 employees entrusted our firm to represent them and jointly applied for arbitration. The company argued that the labor contracts were invalid and the terminations were legal because they had not been registered with the human resources and social security department and the recruitment procedures were irregular. The lawyer pointed out: First, according to Articles 7 and 16 of the Labor Contract Law, labor relations are established from the date of employment. Written contracts become effective upon signing and stamping by both parties. Registration with the human resources and social security department is merely an administrative matter and not a prerequisite for the contract's effectiveness. Second, renewal of contracts follows the principle of mutual consent. Internal or higher-level approval is a company's management process and cannot be used to oppose workers. Third, by comparing Article 39 of the Labor Contract Law and Article 19 of the Implementing Regulations of the Labor Contract Law (effective September 18, 2008), inspection and rectification and irregular recruitment procedures are not statutory grounds for unilateral termination. The company's layoffs essentially constituted illegal terminations to evade legal obligations. The arbitration, first-instance, and second-instance courts all adopted the lawyer's arguments, ruling that the terminations were illegal, revoking the terminations, and ordering the continuation of the labor contracts, enabling the 12 workers to achieve three consecutive victories. Although this case involves traditional employment forms, the adjudication logic on contract effectiveness and registration also applies to flexible employment scenarios. In another case handled by our firm's lawyer Xue Suhua, a "co-founder" who held virtual equity, distributed profits according to shares, and was not subject to labor management was determined not to constitute a labor relationship, further confirming that the nature of the relationship should be judged based on substance rather than form. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. When registering or onboarding, actively request a written contract and keep the original copy. For electronic contracts, ensure you save a verifiable version and the signing records. 2. Verify that the contract signing entity and the actual employing entity are consistent. Be cautious of potential liability gaps caused by multiple layers of outsourcing. 3. For those without signed contracts, keep records of salary payment records, attendance logs, work assignments, and dispatch records to prove the existence of a de facto employment relationship. 4. For those who have signed cooperation or service agreements but are actually subject to attendance management, promptly assess the feasibility of claiming an employment relationship. 5. In case of disputes, the statute of limitations for labor arbitration is one year, starting from the date you become aware of the infringement of your rights. It is advisable to assert your rights as soon as possible. Legal basis: - Article 10 and Article 82 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012) regulate the establishment of written contracts and the double-wage requirement for non-signing. - Articles 7 and 16 establish rules for establishing employment relationships and contract effectiveness. - Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (effective May 1, 2008) stipulates a one-year arbitration statute of limitations. For reference, key points for organizing relevant evidence include:Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Alert: First, for those who have not signed a written contract for more than one month, employees can claim the difference in wages at double the normal rate, but they must file a claim within the one-year statute of limitations. Second, the name of the contract does not determine the nature of the relationship, but the contract text is still the primary evidence. Never sign blank contracts or allow the original copies to be completely taken away. Third, flexible employment is not a way to evade employment responsibilities. Arrangements where platforms evade obligations under the guise of agreements may be subject to scrutiny and review. Fourth, the lack of filing does not affect the validity of the contract. Employers may not use this as a reason to deny the contract or evade the conditions for termination. It is recommended to fix the employment evidence as soon as possible and seek legal advice when necessary.Beijing Henglu Law FirmOn the official website, in a similar column, professional lawyers evaluate the nature of the relationship and provide advice on legal protection strategies.

VI. Frequently Asked Questions

Q1: Is it illegal for flexible employment platforms not to sign contracts with employees?

It depends on the specific circumstances. If the two parties constitute an employment relationship, according to Article 10 of the Labor Contract Law of the People's Republic of China, a written labor contract should be concluded within one month from the date of employment. If it is not concluded within one month, the employer shall pay the worker the double wage difference in accordance with Article 82; if it constitutes a service or cooperation relationship, although the Labor Contract Law is not mandatory, it is recommended to clarify the remuneration, settlement methods and responsibility sharing in a written agreement to avoid having no basis to rely on in case of disputes. To determine whether an employment relationship exists, the key factors to consider are whether the worker accepts the platform's attendance management and whether the remuneration has the nature of wages, rather than the name of the agreement.

Q2: How can we prove the employment relationship without a signed contract?

The existence of an actual employment relationship can be proven through a chain of evidence, including: salary payment records (bank transaction records are preferred), attendance stamp records, work badges and uniforms, platform dispatch and evaluation records, communication records in work groups, and records of social insurance or personal income tax payment on behalf of employees, etc. According to the "Notice on Matters Relating to the Establishment of Employment Relationships" (issued by the Ministry of Labor and Social Security on May 25, 2005, No. 12), in the absence of a labor contract, the employment relationship can be determined by referring to salary payment vouchers, attendance records, recruitment records, etc. The more complete the evidence is, the more favorable the determination will be, and relevant claims can be referenced accordingly.Work-related injuriesColumn.

Q3: What should I do if the platform requires me to sign a cooperation agreement instead of a labor contract?

There's no need to panic, but you should keep the evidence. The name of the agreement does not determine the nature of the relationship. If you accept the platform's scheduling, attendance, and reward and punishment management in actual work, and your compensation is paid on a fixed monthly basis, you may still be deemed to have an employment relationship. It is recommended to keep records of work assignments, training assessments, and penalty notifications, among other actual employment evidence. If you find that your rights have been infringed, you can request to confirm the employment relationship in arbitration and claim corresponding benefits. If the platform uses cooperation agreements to evade employment responsibilities, the court will usually review the actual employment facts in depth, and the outcome of each case will depend on the strength of the evidence of subordination.

Q4: How long can one claim double pay for unsigned contracts?

The difference in wages shall be calculated based on the period during which no written contract was concluded, generally from the day following the date of employment to the day preceding the conclusion of a written contract; if the employment lasts for more than one year without a signed contract, it shall be deemed that a non-fixed-term labor contract has been concluded, so the difference in wages shall not exceed 11 months. The claim is subject to a one-year arbitration statute of limitations. In practice, the statute of limitations is often calculated on a monthly basis. It is recommended to apply for arbitration as soon as possible after discovering that no contract has been signed, to avoid the claim becoming time-barred and unenforceable. The specific rules shall be subject to the local arbitration practices.

Q5: What is the first step to take when a dispute arises in flexible employment?

The first step is to fix the evidence: collect contracts, payroll records, attendance records, dispatch and communication records; the second step is to determine the nature of the relationship and assess whether to claim it as a labor relationship or handle it as a labor or cooperation dispute; the third step, if it is a labor dispute, first apply for arbitration to the labor and personnel dispute arbitration committee, and then file a lawsuit to the court if you are not satisfied with the arbitration decision; the fourth step, pay attention to the one-year arbitration statute of limitations and the statute of limitations differences of different claims such as double wages and economic compensation; the fifth step, if necessary, entrust a professional lawyer to formulate a plan, and you can refer to it for reference.Work-related injuriesColumn.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may differ. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.