[Direct answer]The burden of proof shall be shared by both parties according to the proximity of the evidence: the worker shall first provide preliminary evidence of having provided labor, accepted management, and received compensation. Evidence related to the disputed matters and managed by the employer shall be provided by the employer, and the employer shall bear the adverse consequences if it fails to provide such evidence. To confirm the labor relationship, reference may be made to wage payment certificates, social insurance payment records, identity documents such as work badges and service certificates, recruitment records, attendance records, and other workers' testimonies; among them, the burden of proof for wage payment certificates, recruitment records, and attendance records shall be borne by the employer. If the employer defends that it is a flexible labor relationship, settles the labor fees according to the number of clients, or does not require attendance, it shall present the settlement ledger and corresponding evidence of not being subject to daily management.

1. Problem background and typical scenarios

After resigning, employers often claim that there is no labor relationship between the two parties, which often catches workers off guard. Not signing a written contract, failing to pay social insurance, and receiving salaries through private transfers or cash payments may seem convenient at the time, but when it comes to claiming double pay, economic compensation, or work-related injury benefits, workers often realize that the materials proving their employment are scattered everywhere. There are four common dilemmas. First, salaries are paid in cash or transferred to personal accounts, and bank records do not show that the employer is the payer, leaving only a WeChat message saying "your salary has been transferred this month". Second, on the day of resignation, workers are removed from work groups, their access to the access control and attendance systems is revoked, and their work badges are confiscated, erasing all traces of their employment overnight. Third, employers claim that the relationship is a flexible labor relationship, contractual cooperation, or payment based on client volume, while workers cannot provide records of their work schedules, leave requests, or rewards and punishments generated by the employer's systems. Fourth, the employer holds materials such as employment registration forms, application forms, and attendance records, leaving workers to rely solely on their memory to recall their employment dates, which is difficult to directly substantiate during arbitration. In Beijing, labor relationship disputes are typically adjudicated based on three criteria: subordination of personality, economic dependence, and organizational integration. First, collect all materials corresponding to these three criteria, then decide which to photograph and keep, and which to request the arbitration committee to order the employer to submit.

II. Key points of contention

The burden of proof falls on individual cases, and disputes typically focus on six aspects. The first is the nature of the relationship. Labor relations emphasize continuity of management and subordination, while service relationships and contractual relationships focus on the delivery of results and independent operation. Common distinguishing factors include whether there is attendance tracking, fixed positions, monthly or single-project payment, and whether the employee handbook applies. The second is the scope of the reversal of the burden of proof. Under current rules, parties are responsible for providing evidence to support their claims. Evidence related to the disputed matters is typically held by the employer, who must provide it and bear adverse consequences if they fail to do so. However, workers must still provide initial evidence of the employment relationship before demanding that the employer prove its innocence without any supporting evidence. The third concerns the hierarchy of evidentiary weight. Original records stamped with the employer's seal or from their systems are generally more persuasive than copies or screenshots, while unilateral statements carry the least weight. Electronic data must retain its original format and reflect the account holder and time stamps. The fourth concerns the calculation of the double wage difference for unsigned labor contracts. The base amount is typically determined by the worker's normal monthly salary, and the arbitration statute of limitations is one year. Whether it applies to monthly or cumulative periods varies across regions. The fifth concerns the burden of proof for overtime claims. If the worker provides evidence of the employer's knowledge of overtime but the employer fails to provide counterevidence, the employer bears the adverse consequences. Without initial evidence, overtime claims are easily dismissed. The sixth concerns evidence collection when the employer denies the claims, including applying to the arbitration committee to retrieve materials from social security, banks, or platforms, and requesting the employer to submit payroll records and original attendance data.

III. Professional analysis by Hengluo Law Firm

When Beijing Henglu Law Firm handles cases involving the confirmation of labor relations, it is customary to first prepare an evidence collection plan: which materials are in the hands of the workers themselves, which are stored in the employer's system, and which are kept by third-party institutions such as social security agencies, banks, and recruitment platforms. For the first two categories, a line is dedicated to each evidence collection action, while for the third-party category, a separate list of requests for evidence retrieval is provided. By categorizing the evidence according to their accessibility, the firm can avoid wasting all its efforts on records that are ultimately impossible to obtain.

The following dispute, which was handled by our firm, clearly illustrates how the burden of proof is distributed. Many workers are most concerned about how to prove the employment relationship when no labor contract is signed, whether they can be forced to resign if the company fails to pay social insurance, and how to calculate double pay for unsigned contracts. In October 2023, Applicant Liu Dan joined Beijing A Culture Co., Ltd. (hereinafter referred to as "A Company") through a recruitment platform and served as a skin management specialist. After joining the company, A Company failed to sign a written labor contract with her or pay social insurance, only verbally agreeing on a monthly salary of 9,000 yuan (including an 8,000 yuan base salary and 1,000 yuan housing subsidy). In October 2024, Liu Dan initiated the termination of the employment relationship due to the company's failure to pay social insurance and unpaid wages, and entrusted the labor and personnel dispute arbitration committee to arbitrate, demanding payment of overtime wages, the double pay difference for unsigned contracts, economic compensation, and unpaid wages totaling over 150,000 yuan. A Company argued that the parties were in a "flexible labor relationship," where Liu Dan was paid based on client numbers, did not need to clock in, and denied the existence of an employment relationship. The arbitration committee ruled as follows: confirming the existence of an employment relationship, accepting Liu Dan's claims regarding her employment and departure dates; determining the monthly salary as 8,000 yuan due to A Company's failure to provide evidence of the salary standard, supporting the double pay difference for unsigned contracts of 84,781.61 yuan; supporting the economic compensation of 8,000 yuan and the September 2024 salary of 8,000 yuan; and rejecting the request for overtime pay due to insufficient evidence. The legal basis of this case primarily includes the relevant provisions of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012, implemented on July 1, 2013) regarding double pay for unsigned labor contracts and economic compensation, as well as provisions on the termination of employment relationships due to employers' failure to pay social insurance fees. This case was handled by Attorney Tian Jiaoyan of Beijing Henglu Law Firm (practice license number: 11101202111381309, issued by the judicial administrative authority). There are two aspects of evidence distribution worth noting in this case. First, A Company claimed a flexible labor relationship, payment based on client numbers, and no need for attendance, but failed to submit corresponding materials regarding the salary standard and settlement management mode. The arbitration committee therefore accepted Liu Dan's claims regarding her employment and departure dates and determined the monthly salary as 8,000 yuan, with the double pay difference of 84,781.61 yuan calculated based on this basis. The burden of proof lies with the party holding the records. Second, the request for overtime pay was rejected due to insufficient evidence, indicating that the reversal of the burden of proof does not mean that workers have no obligation to provide evidence: to claim overtime, they still need to first provide initial clues such as work schedules, communication about overtime work, and delivery records before shifting the burden of proof to the employer.

IV. Practical suggestions and legal basis

At the legal level, the "Mediation and Arbitration Law of the People's Republic of China on Labor Disputes" (implemented on May 1, 2008) stipulates that the party who makes a claim shall provide evidence, the employer's obligation to provide management evidence and the adverse consequences, as well as the one-year application statute of limitations; the "Labor Contract Law of the People's Republic of China" (amended on December 28, 2012, and implemented on July 1, 2013) provides the basis for the worker to claim compensation when the employer fails to sign a written labor contract, pay economic compensation, or fail to pay social insurance premiums according to law; the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010, and implemented on January 1, 2011) also requires proof of the actual employment relationship in the work-related injury identification process; the "Civil Procedure Law of the People's Republic of China" (amended on December 24, 2021, and implemented on January 1, 2024) regulates the types of evidence, electronic data, and the People's Court's investigation and collection of evidence. Operationally, it is recommended to follow four steps: First, organize the recruitment and employment notices, work badges, work group chat records, and shift schedule screenshots by month to fix the employment start date and continuous employment period; Second, prepare a list of evidence held by the employer, including payroll records, attendance records, employment registration forms, and social insurance payment details, and apply to the arbitration committee to order their submission; Third, focus on the wage standard and employment start date, which directly determine the base amount for the double wage difference and economic compensation; Fourth, keep separate evidence books for overtime pay, with shift schedules, approval records, and delivery records all essential. When the employer claims to be a labor cooperation company, request them to provide a written explanation of the settlement method, which is often more efficient than arguing.

5. Hengluo Law Firm's Reminder

The most worrying thing when proving a labor relationship is that some people delete all traces of it first. Some quit their jobs and leave the work group and clear their chat history in a fit of anger, only to realize later that the group still contains shift schedules and leave approval records; others only keep a transfer screenshot, but the payer's name is personal, making it impossible to identify the company or the month of payment. It is recommended to do three things when detecting signs of a dispute: export and backup the records of the work group, email, attendance, and appointment systems in their original format; annotate the payroll with the payer's name and the corresponding month; and take photos of the work badge, access control system, labor contract, and renewal page. Secondly, when the employer claims that the relationship is a labor service contract, don't rush to argue on the phone. Instead, ask the employer to clarify in written materials or chat records that the payment is based on client quantity and attendance is not required. This written statement can help workers identify the focus of the dispute during the arbitration stage. Thirdly, keep overtime evidence in a separate file and don't mix it with the payroll. In the Liu Dan case, the overtime pay claim was rejected due to insufficient evidence, which is a clear reminder. Finally, social insurance payment records can be queried and printed through official channels, which is one of the few third-party materials that workers can directly obtain and should be prioritized for retrieval. If you need to consult a professional team about evidence collection plans, you can refer to the following resources:\nConfirmation of labor relations and compensation for work-related injuriesService Description.

VI. Frequently Asked Questions

Q1: The company argues that it's a flexible labor relationship. To what extent must the worker provide evidence to prove this?

Workers only need to provide initial evidence and do not need to prove their claims beyond a reasonable doubt. According to the "Mediation and Arbitration Law of Labor Disputes in the People's Republic of China" (effective May 1, 2008), in the event of a labor dispute, the party making the claim is responsible for providing evidence. If the evidence related to the dispute is in the employer's possession and management, the employer shall provide it, and failing to do so will result in adverse consequences. Therefore, Liu Dan presented the recruitment platform's employment records, work badges, and proof of work communication and salary payments to prove that she was under the management of Company A, engaged in skin management work, and received compensation, which already meets the threshold requirements. Company A claimed that the relationship was a flexible labor contract, that labor fees were settled based on client volume, and that there was no need for attendance tracking. However, the company failed to provide settlement ledgers, client volume statistics, or management systems demonstrating the absence of attendance tracking, and oral denials alone were insufficient. The arbitration committee ultimately confirmed the existence of a labor relationship between the parties and accepted Liu Dan's claims regarding her employment and resignation dates, which clearly demonstrates that the burden of adverse consequences lies with the party who holds the evidence but fails to submit it.

Q2: I didn't sign a contract or pay social insurance. Which documents can I use to prove my employment start date?

First, fix the four types of original documents that can show the date of employment. The submission and recruitment notifications from the recruitment platform, and the photographed copies of the employment registration forms or application forms can correspond to the starting point of October 2023; the work badges, service badges, and access control authorization records can prove that the employee has been integrated into the organization's system; the bank transaction records or payment receipts can show the date of receipt of the first salary and the payer; and the names and positions appearing in the work group chats, shift schedules, and client appointment systems can corroborate the continuous provision of labor. According to the "Mediation and Arbitration Law of the People's Republic of China on Labor Disputes" (effective May 1, 2008), the employer shall provide wage payment certificates, recruitment records, and attendance records if they are in the employer's possession. In the Liu Dan case, Company A failed to sign a written labor contract with her or pay social insurance, only verbally agreeing to a monthly salary of 9,000 yuan (including an 8,000 yuan base salary and a 1,000 yuan housing subsidy). The arbitration committee determined the monthly salary as 8,000 yuan due to the company's failure to provide evidence of the wage standard, and calculated the unpaid double wage difference of 84,781.61 yuan based on this. This shows that both the date of employment and the wage standard must be fixed together.

Q3: Claiming a double wage difference of 84,781.61 yuan, is it more cost-effective to charge the agency fee on a per-case basis?

It depends on the stage of the case and the workload whether to charge by the number of cases or by a percentage. Judging solely based on the base amount of 84,781.61 yuan is not accurate. According to the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007), labor dispute cases are charged a case acceptance fee of 10 yuan each. However, there is no unified government pricing for attorney's fees. Common charging methods include charging by the number of cases, charging based on the amount of the claim, and charging by the hour. The specific charges shall be subject to the provisions of the agency contract. Liu Dan claimed overtime wages, double wages for unsigned labor contracts, economic compensation, and unpaid wages totaling over 150,000 yuan. The arbitration committee ultimately supported the double wages for unsigned labor contracts of 84,781.61 yuan, economic compensation for terminating the labor relationship of 8,000 yuan, and September 2024's wages of 8,000 yuan, but rejected the request for overtime pay. With multiple claims and a large amount of evidence to be collected, charging by the number of cases is more easily calculated than charging based on a single claim's percentage. When signing the contract, it is necessary to clarify the arbitration stage, whether it includes subsequent litigation and enforcement, and the number of times to collect evidence. Then, compare quotes from two or three firms instead of just focusing on the percentage figures.

Q4: If I only apply for arbitration in October 2024, will the one-year statute of limitations prevent my request from being accepted?

Not necessarily. The request for the difference in double wages must be reviewed separately on a monthly basis according to the statute of limitations, and it cannot be simply calculated back from the date of application. According to the "Mediation and Arbitration Law of Labor Disputes of the People's Republic of China" (effective May 1, 2008), the statute of limitations for applying for arbitration of labor disputes is one year, calculated from the date when the party knows or should know that their rights have been infringed; if a dispute arises over unpaid labor remuneration during the existence of the labor relationship, the one-year limitation does not apply, but if the labor relationship terminates, the application must be submitted within one year from the date of termination. The difference in double wages for unsigned written labor contracts is not considered labor remuneration in nature. In practice, it is often reviewed on a monthly or overall basis, and the interpretation varies across different regions. Liu Dan joined the company in October 2023 and applied for arbitration to terminate the labor relationship in October 2024 on the grounds that the company failed to pay social insurance and owed wages. Both the 8,000 yuan in September 2024 wages and the 8,000 yuan in economic compensation for terminating the labor relationship were supported. A safer approach is not to wait until the one-year statute of limitations expires to submit the application. Instead, mark the four dates of joining the company, failing to sign a contract, wage arrears, and terminating the relationship one by one. Applying earlier can avoid statute of limitations disputes.

Q5: There's only a verbal agreement on a monthly salary of 9,000 yuan. Which payment record should I fix first?

First, fix the bank statement or receipt that shows the payer and payment cycle, and then supplement the chat records that can print the content of the oral agreement. According to the "Mediation and Arbitration Law of Labor Disputes of the People's Republic of China" (implemented on May 1, 2008), the wage payment certificate belongs to the evidence controlled and managed by the employer, and the employer should bear the adverse consequences if it fails to provide it; but if the worker has a continuous account entry record, he can directly take back the initiative of providing evidence. After Liu Dan joined A Company, the company only orally agreed to a monthly salary of 9,000 yuan (including an 8,000 yuan base salary and a 1,000 yuan housing subsidy), and neither signed a written labor contract nor paid social insurance. The arbitration committee determined the monthly salary as 8,000 yuan because the company failed to provide evidence of the wage standard; if the worker could have provided screenshots of the monthly account entries at that time and marked which one was the base salary and which one was the housing subsidy, the controversy over the wage standard would have been even smaller. When storing the evidence, export the original carrier and sort it by month. Don't just keep a screenshot of the successful transfer, and make sure that the payer's name, account number, and summary are all clearly visible.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.