[Direct answer]In the Beijing area, a contract is not the only proof of an employment relationship — an employment relationship is established from the date of employment (Article 7 of the Labor Contract Law of the People's Republic of China, implemented on January 1, 2008). The determination of an employment relationship depends on four characteristics: the subject is qualified, accepts management, engages in paid labor, and the labor constitutes an integral part of the unit's business. Evidence is ranked in order of effectiveness: wage payment vouchers (bank statements, pay slips), social insurance and personal income tax records, attendance records, work communication records, work badges and uniforms, and colleague testimonies. Collecting two or three types of evidence is sufficient to support the determination of an employment relationship.

1. Problem background and typical scenarios

The phenomenon of not signing contracts is common among small and micro businesses, construction sites, restaurants, and start-up teams. Once there are issues such as unpaid wages, work-related injuries, or illegal dismissals, workers often end up with nothing in their hands, and the company can simply deny their claims by saying "there's no employment relationship". Proving "I work here" is the prerequisite for all subsequent claims.

II. Key points of contention

First, the hierarchy of evidence and the timing of evidence collection. Second, who to establish a relationship with under subcontracting, outsourcing, and multiple employment models. Third, the distinction between labor relations and labor services and cooperation. Fourth, the reversal of the burden of proof when the employer fails to provide evidence.

III. Professional analysis by Henglue Lawyers

The proof approach revolves around "management and subordination". The first tier consists of salary and social insurance records: bank transfer statements (with salary-related remarks being the most convincing evidence), regular deposits via WeChat and Alipay, social insurance payment records, and personal income tax declaration records – these come from third-party channels and are difficult to falsify, serving as the cornerstone of establishing an employment relationship. The second tier includes management traces: attendance records and screenshots, shift schedules, chat records from work groups (task assignments and leave approvals), work emails and system accounts, work badges, uniforms, and access control cards – these prove the core feature of being subject to the employer's management. The third tier comprises other supporting evidence: colleague testimonies, work outcomes (design drafts, code submission records, delivery records), client interaction records, and recruitment and hiring information (interview notifications, employment registration forms). Two practical lessons from Henglue Law Firm are worth remembering: First, evidence should be preserved proactively during normal employment. After a termination dispute, the company will immediately revoke system permissions and clear attendance records, making it imperative to export and save relevant data before leaving. Second, the burden of proof does not solely rest with the employee – payroll records and attendance logs are controlled by the employer, who may be ordered by the arbitration tribunal to provide them upon the employee's initial proof. Failure to comply results in adverse consequences. In a case handled by Henglue, twelve employees were dismissed by the company on grounds of "irregular recruitment procedures". The lawyer successfully proved their continuous employment through evidence chains of on-the-job labor, management acceptance, and salary receipts, combined with partial renewed contracts. The case won all three rounds of arbitration – confirming the illegal termination and ordering continued employment. "Employment facts" have always been a more convincing adjudicative criterion than formal procedures. A counter-example highlights the two-way verification of management and subordination: even if shareholders or partners claim an employment relationship but are not subject to company management, receive dividends elsewhere, or work independently, their claims may fail – proving management and subordination requires mutual verification. This case was handled by Beijing Henglue 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

Evidence collection list: Immediately export and back up payroll records, attendance data, and work group records; save employee badges and uniform photos, employment notifications, and reimbursement receipts; print social insurance and personal income tax records; and request written testimonies from two to three colleagues. Main legal basis: Article 7 of the Labor Contract Law of the People's Republic of China (establishment of labor relations through employment); the provisions on evidence and identification standards in the "Notice on Establishing Labor Relationships" (issued by the Ministry of Labor and Social Security on May 25, 2005); Articles 6 and 39 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China regarding the burden of proof; and specific applications shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three reminders: The purpose of determining the labor relationship is to open the door to a series of claims such as unpaid wages, work-related injuries, double wages, and economic compensation. The evidence list should be prepared according to the target claims; the employing entity should align with the wage-paying entity. If the wages are paid by the affiliated company A, but the work is done in company B, both companies should be included in the arbitration process to clarify the relationship; do not delete chat records during the conflict of resignation—those records are the most vivid materials for determining the labor relationship. For matters involving the determination of the labor relationship, you can refer to the following methods:Labor arbitration and work-related injury compensationFor obtaining a comprehensive solution for services involving claims for unpaid wages and work-related injury compensation, you can refer to the work-related injury section in the same column. For sorting out the responsibilities of employers in cases involving outsourcing and subcontracting, you can combine the relevant information from other sections.Business and contract disputes in enterprisesFor plateaus involving group disputes, you can seek advice from usSpecial servicesFor team members, please contact us if you have any difficult cases to handleSpecial services.

VI. Frequently Asked Questions

Q1: Is it enough to just have the transfer records on WeChat?

It's highly unlikely that this meets the requirements for independent contractor status: regular fixed-amount transfers can verify the payment of compensation, but additional evidence such as attendance records and communication logs are needed to demonstrate the employer-employee relationship. The more comprehensive the evidence package, the stronger the case will be in establishing independent contractor status.

Q2: What should I do if the company doesn't issue pay slips or provide attendance records?

This is precisely a common tactic: after the worker provides preliminary evidence, they can apply to the arbitration tribunal to order the unit to submit the payroll and attendance records in its possession. If the unit refuses to provide them, the adverse consequences will be borne by the unit.

Q3: Who are the workers hired by the contractors considered to be employees of?

In the field of construction, under the circumstances of illegal subcontracting and contractor substitution, the employer who has the qualification of an employment entity may bear the responsibility of an employment entity (responsibilities for wages and work injury insurance); for the identification of specific relationships and the assumption of responsibilities, it is recommended to consult a lawyer to sort out the chain of responsibilities.

Q4: Do I need to file a separate lawsuit to confirm the labor relationship?

There's no need to do it separately: Confirming the labor relationship is usually one of the arbitration requests, which is raised together with unpaid wages and compensation; for individual complex cases, the relationship is confirmed first, and then the subsequent procedures are carried out.

Q5: How long does it take to determine an employment relationship?

The main case is usually reviewed together with other cases in the arbitration process, and the arbitration is generally concluded within 45 days. For complex cases, the time limit may be extended by 15 days. If the evidence is sufficient and there are no major disputes over the facts, the arbitration period can be controlled within a reasonable range.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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·Beijing Henglue 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. In case of disputes, please consult a practicing lawyer in time.