[Direct answer]Yes. According to Article 7 of the Labor Contract Law of the People's Republic of China (adopted in 2007 and amended in 2012), the employer and the employee establish a labor relationship from the date of employment; Article 10 stipulates that the establishment of a labor relationship shall be subject to the conclusion of a written labor contract. Where a labor relationship has been established but no written labor contract has been concluded at the same time, the employer shall conclude a written labor contract within one month from the date of employment. It can be seen that a written contract is a statutory form requirement, but it is not a prerequisite for the establishment of a labor relationship; as long as the employee actually works, accepts management, and receives compensation, even without a signed and stamped contract, it constitutes a de facto labor relationship. On this basis, according to Article 14 of the Work Injury Insurance Regulations (promulgated in 2003 and amended in 2010), where an employee is injured in an accident at work during working hours and at the workplace, it shall be deemed a work-related injury; Article 17 stipulates that where the employer fails to apply for work injury identification in accordance with the provisions, the work-injured employee or his/her near relatives, trade union organizations may apply directly within one year. Therefore, the absence of a written contract does not affect the identification of work-related injuries. The key is to prove the existence of a labor relationship.

I. Problem Background and Typical Scenarios

"Not signing a contract and the employer refusing to acknowledge work-related injuries" is a frequent problem in industries such as construction, catering, and manufacturing. Common scenarios include: employers intentionally not signing contracts to evade responsibilities; arranging employees to start work without completing formalities during the probation period; employing workers under the guise of "labor services" or "cooperation" but actually paying them monthly salaries and managing their attendance; and paying salaries through third-party platforms or personal accounts, resulting in unclear labor relations. Workers' main concern is, "If there's no contract, will the social security department not recognize it?" In fact, labor relations can be proven through a chain of evidence, and written contracts are just one type of evidence, not the only one.

II. Key points of contention

First, the criteria for determining a de facto labor relationship include the following elements: the employing unit and the worker being qualified as parties to the relationship, the worker accepting management, engaging in the unit's business, and receiving remuneration. Second, the combination of supporting materials, such as wage payment records, attendance records, work badges and ID cards, recruitment and communication records, and colleague testimonies, can be used as evidence. Third, identifying the employing entity. When dealing with platform-based employment or multi-layered subcontracting arrangements, it is necessary to clarify who the actual employing unit is or who bears the responsibility of the employing entity. Fourth, whether it is necessary to first confirm the labor relationship. When the social security department has doubts about the existence of a labor relationship, it is usually necessary to first confirm it through labor arbitration. Fifth, the substantive conditions for work-related injury recognition still require meeting the elements of working hours, workplace, and work-related causes.

III. Professional analysis by Henglue Lawyers

The key to such cases is to first lay a solid foundation for the "employment relationship". Take a labor dispute case handled by Henglue Law Firm as an example: In August 2025, a company issued "Notices of Termination of Employment Relationship" to 12 employees, including Zhang Li, Hu Fei, and Liu Gang, on the grounds that the recruitment procedures were found to be irregular during inspections, and unilaterally terminated the labor contracts. After the 12 employees entrusted Henglue Law Firm, Attorney Feng Na pointed out the following legal issues: First, the employment relationship is established from the date of employment. A written contract becomes effective upon signing and stamping by both parties. The filing with the human resources and social security authority is an administrative matter and not a prerequisite for the contract's effectiveness. Therefore, the company's claim that the contract was invalid due to non-filing lacks legal basis. Second, the principle of consensus applies to contract renewal. Whether internal approval is required is a company management process and cannot infringe upon workers' rights. Third, the rectification of inspection findings and irregular recruitment procedures do not fall under the statutory unilateral termination circumstances stipulated in Article 39 of the Labor Contract Law. Therefore, the company's dismissal was an illegal termination. Fourth, according to Article 48 of the Labor Contract Law, if the worker requests continued performance and the contract can still be performed, the employer shall continue to fulfill its obligations. The arbitration, first-instance, and second-instance courts all adopted the lawyer's arguments, ruling that the termination was illegal, revoking the termination decision, and ordering the continuation of the labor contract. The logic of this case also applies to work-related injury disputes involving unsigned contracts: formal "procedural flaws" cannot negate the substantive employment relationship. For cases involving work-related injury identification and employment relationship confirmation, reference can be made to this case.Labor arbitration and work-related injury compensation; For issues related to the compliance of enterprise employment practices, you can refer to the following materials for further guidance.Business and contract disputes in enterprisesAndSpecialised legal servicesThe case is handled by Beijing Henglu Law Firm.Feng NaThe lawyer (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on his/her accurate understanding of the local adjudicative approaches and practical rules, to help the client achieve favorable results.

IV. Practical suggestions and legal basis

According to Article 7, Article 10, and Article 82 of the Labor Contract Law of the People's Republic of China (amended in 2012) regarding the establishment of labor relations, written contracts, and double pay; Article 14 and Article 17 of the Work Injury Insurance Regulations (amended in 2010) regarding the circumstances of work injury identification and application deadlines; the provisions of the "Notice on Matters Concerning the Establishment of Labor Relationships" issued by the Ministry of Labor and Social Security in 2005 regarding the identification of de facto labor relationships; and the provisions of the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" (effective May 1, 2008) regarding the resolution of disputes over the confirmation of labor relationships, it is recommended to follow a four-step process: First, promptly fix the evidence of employment, including salary transfer records, attendance records, communication in work groups, and photos of work clothes and employee badges; Second, submit an application for work injury identification to the social insurance administrative department in the locality where the employer is located; Third, if the employer denies the existence of a labor relationship, simultaneously apply for labor arbitration to confirm the labor relationship and clear the obstacles to work injury identification; Fourth, if the employer fails to participate in work injury insurance in accordance with the law, the employer shall pay according to the items and standards specified in the Work Injury Insurance Regulations in accordance with Article 62 of the Regulations. For disputes involving work injury benefits and labor contracts, reference can be made to the relevant provisions.Labor arbitration and work-related injury compensation; Those involving the employment subject and the subcontracting relationship can be combined togetherReal estate transactions and construction projects.

5. Henglu Law Firm's Advice

The absence of a contract does not mean there is no employment relationship, let alone no work-related injury. Three reminders: First, consciously preserve employment evidence from the first day of employment, with pay records and attendance records being the most effective types; Second, don't give up applying just because the employer denies the employment relationship. The path of arbitration to confirm the employment relationship is viable; Third, pay attention to the one-year time limit, which starts from the date of the accident injury. The earlier you initiate the process, the more advantageous it will be for you.Beijing Henglu Law FirmIt is recommended that employees fix the scene and the interview records as soon as possible after the accident, so as to lay a good foundation for the subsequent confirmation of labor relations and the identification of work-related injuries.

VI. Frequently Asked Questions

Q1: If I haven't signed a labor contract, can my injury be considered a work-related injury?

Yes. The labor relationship is established from the date of employment, and a written contract is not a prerequisite for the establishment of a labor relationship. As long as there is a de facto labor relationship and it meets the conditions for work-related injury identification, one can apply for work-related injury identification. If necessary, one can first confirm the labor relationship through labor arbitration.

Q2: What materials do I need to prepare?

The application form for work-related injury identification, wage payment records, attendance records, work badges and employee ID cards, recruitment and work communication records, witness statements from colleagues, medical diagnosis and medical records, as well as identity proofs; the more complete the combination of mutually corroborating evidence is, the more beneficial it will be.

Q3: Do I need to pay any fees to determine whether an injury is a work-related injury?

The application for work-related injury identification itself is free of charge; if it is necessary to confirm the labor relationship through labor arbitration, the arbitration is also free of charge; for the subsequent labor capacity appraisal, the appraisal fee shall be paid according to local standards, and the fees for entrusting lawyers shall be charged on a per-case or per-stage basis, subject to the provisions of the written entrustment contract.

Q4: How long does it take from application to certification?

The administrative departments of social insurance shall make a decision within 60 days from the date of accepting the application for work-related injury identification. Where the facts are clear and the rights and obligations are well-defined, the decision may be made within 15 days; if it is necessary to confirm the labor relationship through arbitration first, the time will be extended accordingly.

Q5: What should I do first?

First, secure the evidence of employment, especially the salary transfer records and attendance records; then submit an application for work-related injury identification to the social insurance administrative department in the unified area where the employer is located. At the same time, if the employer denies the employment relationship, apply for labor arbitration to confirm it.

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 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 Henglue Law Firm

Disclaimer: This article is compiled based on 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 a dispute arises, please consult a practicing lawyer in time.