[Direct answer]Yes. The absence of a written labor contract does not affect the establishment of a labor relationship. According to Article 7 of the Labor Contract Law of the People's Republic of China (effective January 1, 2008), a labor relationship is established from the date of employment. Payroll records, attendance records, work badges and access control systems, work group records, and social insurance and personal income tax payment records can all prove the existence of a de facto labor relationship. If the company fails to sign a contract within one month but less than one year from the date of employment, the employee may claim double wages per month under Article 82, up to a maximum of 11 months; if the contract is still not signed after one year, it shall be deemed that an indefinite-term labor contract has been concluded (Article 14). The statute of limitations for applying for arbitration is one year (Article 27 of the Labor Dispute Mediation and Arbitration Law, effective May 1, 2008). For more information on evidence collection, please refer to the relevant guidelines.Labor arbitration and legal services for work-related injury compensation, or for consultationBeijing Henglue Law Firm.

1. Problem background and typical scenarios

At the company's end, not signing a contract is often a deliberate arrangement: not paying social insurance, dismissing employees at any time, and evading employment responsibilities. At the employee's end, they are often pacified with rhetoric such as "sign it after the probation period", "it's not official until it's filed", and "the company keeps the contract". The real risk is that employees do not have any documents to prove the employment relationship. When settling disputes upon leaving the job, determining work-related injuries, or claiming double wages, they must first pass the "determination of labor relationship" hurdle. Typical scenarios include: restaurants and small and micro enterprises verbally agreeing on monthly salaries; employees signing contracts but having them confiscated by the company; companies denying the validity of contracts due to filing flaws; and affiliated companies rotating employment entities, resulting in contracts, wages, and social insurance belonging to different entities. In these situations, the first step of seeking justice is not calculating compensation, but proving that "a labor relationship exists between you and the company".

II. Key points of contention

  • The standard of proof for an actual labor relationship: Transfer records alone may be interpreted as service fees or reimbursement payments. It requires payroll records, attendance records, work badges, and communication records to corroborate each other and form a chain of evidence.
  • The nature and statute of limitations of double pay: The difference in double pay is a punitive claim, and the special statute of limitations for unpaid wages does not apply to it. In most regions, the statute of limitations is calculated on a monthly basis over a period of one year, and the delay in claiming will result in a gradual reduction in compensation over time.
  • The effectiveness of common defenses used by companies: Claiming that the contract is invalid due to non-registration, failure to sign during the probationary period, or the employee's refusal to sign cannot exempt them from the obligation to sign the contract and the responsibility for double pay. Registration is merely an administrative matter and does not affect the determination of the labor relationship.

III. Professional analysis by Henglue Law Firm

The answer to the question of whether the contract text and filing procedures really count was provided by a series of cases involving 12 employees seeking legal protection. In August 2025, A Company issued "Notices of Termination of Labor Relationship" to Zhang Li, Hu Fei, Liu Gang, and other 12 employees on the grounds that the recruitment procedures were found to be irregular during inspections. These employees had been providing labor, accepting management, and receiving salaries during their employment, and some of them even renewed their labor contracts with the company. The company claimed that the labor contracts were not filed, that the irregular recruitment and renewal violated the system, and that the terminations were lawful based on the requirements of the inspection and rectification. It requested confirmation of the legality of the terminations and no need for further performance. The 12 employees entrusted Feng Na, a lawyer from Beijing Henglu Law Firm, to jointly apply for arbitration to the Labor and Personnel Dispute Arbitration Committee, demanding the revocation of the terminations, the restoration of labor relations, the improvement of employment filing, and the company's responsibility for the legal fees. Feng Na put forward four arguments: First, the labor relationship is established from the date of employment, and the written contract becomes effective upon signing and stamping by both parties. The filing with the human resources and social security department is not a prerequisite for effectiveness, so the company's claim of invalidity due to non-filing is unfounded. Second, the renewal of contracts applies to the principle of mutual consent. Whether it requires internal or higher-level approval is a company management process and cannot be used against employees. Third, by comparing Article 39 of the Labor Contract Law and Article 19 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (effective September 18, 2008), the rectification of inspection and irregular recruitment are not statutory grounds for unilateral termination. The dismissal essentially constitutes an illegal termination to evade the law. Fourth, according to Article 48 of the Labor Contract Law, if the employee requests continued performance and the contract can still be performed, the employer shall continue to perform it. The arbitration committee adopted the lawyer's core arguments, ruling that the company's terminations were unlawful, revoking the terminations, and ordering continued performance. The first-instance court fully adopted the lawyer's arguments, ruling that the terminations were unlawful, revoking the actions, ordering continued performance, and requiring the company to bear the litigation fees. After the company appealed, the second-instance court dismissed the appeal and upheld the original judgment, enabling the 12 employees to achieve three consecutive victories. This case shows that the company's "procedural flaws" cannot stop the recognition of the labor relationship. What employees really need to do is to hold the evidence of the employment facts in their own hands.

IV. Practical suggestions and legal basis

Legal basis: Article 7 of the Labor Contract Law establishes that the labor relationship begins when the employment is established, Article 10 requires that a written contract be concluded within one month, Article 14 Paragraph 3 stipulates that if no contract is signed within one year, it shall be deemed that an open-ended labor contract has been concluded, Article 16 stipulates that the contract shall take effect upon the signing and stamping by both parties, and Article 82 stipulates the liability for double wages; Article 6 and Article 7 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (implemented on September 18, 2008) specify the procedures for supplementing contracts and double wages, and the treatment of contracts deemed to be open-ended. The former Ministry of Labor and Social Security's "Notice on Matters Concerning the Establishment of Labor Relationships" (issued in 2005) lists the identification documents: wage payment records, social insurance payment records, work badges and service cards, recruitment registration forms, attendance records, and other workers' testimonies. Among these, the wage records, recruitment records, and attendance records are the responsibility of the employer to provide evidence for. Practical advice: During employment, keep wage payment records, screenshots of attendance records, photos of work badges, and records of work groups; first send a written notice to urge the signing of the contract and keep the records to pave the way for claiming double wages; clearly state the start and end months of double wages in the arbitration request; the longer the delay, the greater the risk of the statute of limitations calculated on a monthly basis, so it is recommended to proceed as soon as possibleLabor arbitration and legal services for work-related injury compensationEvaluate the request plan.

5. Henglue Law Firm's Advice

Not signing a contract poses risks for employees and the company alike: double pay, being deemed as an open-ended contract, and the right to terminate the contract. All three disadvantages point to the company. Employees should pay attention to two points: first, the difference in double pay is calculated on a monthly basis over a one-year statute of limitations, so it's best to claim it as soon as possible; second, the recognition of the labor relationship is the prerequisite for all claims, and a closed chain of evidence is more important than monetary claims. The above-mentioned series of cases involving 12 employees was handled by Beijing Henglu Law Firm.Feng NaThe lawyer (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acted on behalf of the client. After winning three consecutive arbitration, first-instance, and second-instance trials, the company was ordered to continue to perform the labor contract. If you are currently facing issues such as not signing a contract or withholding the contract, it is recommended to first secure evidence before discussing resignation to avoid legal uncertainty.

Q1: If there is no labor contract, how can we prove the existence of a labor relationship?

The following can be submitted: salary transfer records, social insurance and personal income tax payment records, attendance check screenshots, work badges and access control cards, chat records from work groups, recruitment registration forms, and colleague testimonies. The former Ministry of Labor and Social Security's "Notice on Matters Concerning the Establishment of Labor Relationships" (issued in 2005) clearly defines the scope of evidence and stipulates that the employer bears the burden of proof for salary payment records, recruitment records, and attendance records. If the company refuses to provide these records, it will bear the adverse consequences. The evidence must demonstrate that the employee accepts the company's management and engages in paid labor arranged by the company. Single evidence is insufficient; it is advisable to form a complete chain of evidence.

Q2: For the double salary for non-signed labor contracts, what is the maximum number of months that can be claimed?

According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee within one month but less than one year from the date of employment, the employer shall pay the employee twice the monthly wage, starting from the day after the expiration of one month from the date of employment and ending on the day before the conclusion of a written contract, for a maximum period of 11 months. If the employment lasts for one year without a written contract, it shall be deemed that a non-fixed-term labor contract has been concluded, and the calculation of twice the monthly wage shall no longer continue thereafter. The base amount shall be calculated based on the monthly salary payable, including fixed payments such as bonuses and commissions; the already paid one-time payment may be offset against the claimed difference amount.

Q3: The company says that the contract has been signed but was taken away by the employee, or it's invalid because it hasn't been registered. What should we do in this situation?

Both types of defenses are difficult to establish. The labor contract text is held by both the employer and the employee (Articles 16 and 81 of the Labor Contract Law). If the company claims that the contract has been signed, it should provide the contract text as evidence. If it cannot do so, it will bear the adverse consequences. Filing for recordation is merely an administrative matter, which does not affect the validity of the contract, let alone the determination of the actual employment relationship. In the aforementioned case involving 12 employees, the company's defense of non-filing and irregular recruitment procedures was rejected by the arbitration tribunal, the first-instance court, and the second-instance court. Employees who do not have the contract text can still assert their rights with pay slips and attendance records.

Q4: If I haven't signed a contract after a full year, does it automatically count as an open-ended contract?

Yes. According to Article 14 Paragraph 3 of the Labor Contract Law, if the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that a non-fixed-term labor contract has been concluded with the employee. At the same time, the employee can still claim double wages for the period exceeding one month but less than one year, but this is subject to the one-year arbitration statute of limitations. It is advisable to apply for arbitration as soon as possible after the one-year period. After the contract is deemed to be a non-fixed-term contract, the company cannot terminate the employment on the grounds of the expiration of the contract. The termination must still comply with the statutory circumstances, otherwise it will constitute an illegal termination, and the employee can claim to continue the performance of the contract or be compensated with twice the amount of economic compensation.

Q5: How is the statute of limitations for the arbitration of double wages calculated, and can it still be claimed if it's delayed for too long?

The difference in double pay does not constitute labor remuneration and is subject to the one-year ordinary statute of limitations under Article 27 of the Labor Dispute Mediation and Arbitration Law. It cannot enjoy the special rule that arrears in wages are not subject to statute of limitations during the existence of the labor relationship. In most regions, the statute of limitations is calculated on a monthly basis, starting from the date when the double pay should be paid each month and ending one year later. Delays will result in the expiration of earlier months; in some regions, the statute of limitations is calculated from the date when one year has passed, and there are differences in the interpretation. It is safer to send a written reminder as soon as you discover that no contract has been signed (which both interrupts the statute of limitations and leaves a record) and apply for arbitration as soon as possible before or after leaving the job to avoid the statute of limitations gradually expiring month by month.

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