[Direct answer]In the Beijing area, first confirm the labor relationship, then determine the work-related injury—the absence of a written contract does not affect the establishment of the work-related injury, and the obstacle lies only in the proof of the labor relationship: salary transfer records, attendance punching, work badges and work clothes, colleague testimonies, and chat records in WeChat work groups are all valid evidence of the actual labor relationship; the arbitration can proceed concurrently with the determination of the labor relationship and the work-related injury, and the rules on the responsibility of the employing entity apply to special circumstances such as subcontracting and ghost employment. The essence of the employer's refusal to acknowledge it is that he is gambling on your lack of evidence. Once the evidence chain is established, his attitude will change.

I. Problem Background and Typical Scenarios

I worked on a small construction site for several months, with my wages paid in cash daily. The boss refused to even mention the company's name. After I got injured, the boss simply said, "You're not even an employee of my company," and turned his back on me. Uncontracted employment is highly prevalent in the construction, decoration, catering, and logistics industries. The first hurdle in protecting workers' rights in the event of work-related injuries is not the work-related injury identification, but proving the existence of a "de facto employment relationship."

II. Key points of contention

First, organizing evidence of the actual labor relationship. Second, ensuring the connection between labor arbitration and work-related injury identification. Third, addressing employment responsibilities in special circumstances such as subcontracting and fictitious employment. Fourth, responding to situations where the employer liquidates the company or refuses to appear in court.

III. Professional analysis by Henglue Lawyers

The first layer is a list of evidence for establishing a de facto labor relationship. According to the "Notice on Matters Concerning the Establishment of Labor Relationships" (Lab and Social Security Ministry No. 12 [2005]), payroll records, work badges and attendance records, recruitment registration forms, and testimonies from other workers can be used for identification. The practical evidence collection list includes: wage transfer records (even if it's a transfer to the employer's personal account or WeChat, with a clear note indicating "wage"), screenshots of attendance records, chat records in work groups and task assignment records, work badges and uniforms, access control records, colleague testimonies, and audio recordings of communication with the employer about work-related injuries (the latter is highly valuable in proving the existence of an employment relationship). In the labor rights protection cases handled by our firm, it's common for employers to deny the existence of a labor relationship by citing irregular internal procedures. However, a labor relationship is established from the date of employment, and written contracts and official registrations are not essential requirements - once the evidence is in place, even the employer must acknowledge the relationship. The second layer involves a two-step procedural approach: 1. Apply for labor arbitration to confirm the existence of a labor relationship with the employer (the company's full name can be verified through the enterprise information disclosure platform, payroll transfer recipients, and clues from social insurance agency services). 2. Submit the effective arbitration award to the social insurance administrative department to report the work-related injury, followed by labor capacity assessment and compensation claims. The two procedures can be partially prepared in parallel, with evidence collected once and shared across both cases. 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 authority) acts as the agent. At the third level, there is a safety net for special circumstances: in the case of illegal subcontracting or sub-contracting in the construction industry, if the contractor with the qualification to employ workers transfers the project to an organization or individual without such qualifications, and the workers employed by that organization or individual are injured, the contractor shall bear the responsibility of an employer; in the case of operating under the guise of a qualified unit or individuals operating under the guise of a qualified unit to undertake business, the unit being guised shall bear the responsibility—such rules effectively block the "scapegoating path" of "the boss being an individual contractor", and identifying the responsible party is the key to successful recovery of compensation. At the fourth level, there are responses to extreme situations: if the boss liquidates the company or refuses to appear in court—for employment debts arising before the liquidation, claims can be made against the members of the liquidation team or shareholders; the absence of the defendant does not affect the determination of facts based on evidence. In the mass labor dispute cases handled by our firm, workers have won all the litigations through arbitration, first-instance, and second-instance trials with complete evidence of wages and management records, and all the defenses of the enterprise denying the relationship based on defects in internal procedures have not been accepted—when the evidence system is complete, the absence of the defendant does not change the outcome.

IV. Practical suggestions and legal basis

The first step is to immediately fix the salary transfer, attendance records, chat logs, and colleague testimonies after the injury, and record the employer's communication admitting employment; the second step is to verify the true employment subject through the enterprise information platform, and identify the contractors with qualifications in the case of contractors; the third step is to apply for work-related injury and labor capacity assessment after the arbitration confirms the labor relationship; the fourth step is to claim compensation for treatment and simultaneously claim related rights such as the double wage difference for not signing a labor contract. The main legal basis: Article 7, Article 10, and Article 82 of the Labor Contract Law of the People's Republic of China, the "Notice on Matters Relating to the Establishment of Labor Relationships" (Labor and Social Security Ministry No. 12 [2005]), and Articles 17 and 18 of the Work-Related Injury Insurance Regulations; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points regarding workplace injuries without a contract: labor relations depend on evidence rather than contracts; transfer records, payroll records, and chat logs are all solid evidence; and the process involves two steps: confirming the employment relationship and obtaining a work-related injury certification. Contractors should seek the assistance of qualified entities behind the scenes. Additionally, employees who haven't signed contracts can claim both double pay compensation and work-related injury benefits simultaneously. For matters involving labor relationship confirmation and work-related injuries, legal assistance can be sought through appropriate channels.Labor arbitration and work-related injury compensationThe service obtains an overall solution, which involves the responsibility for subcontracting workers in construction, which can be integrated togetherReal estate transactions and construction projectsFor reference, you can check the section related to the rectification of labor compliance in enterprisesIntellectual property protection and corporate lawFor those interested, you can pay attention to the column, which deals with labor disputes and corporate responsibilitiesBusiness and contract disputes in enterprisesFor those who need full-service agency support in this field, please feel free to contact us for more information.Special services.

VI. Frequently Asked Questions

Q1: If the salary is paid in cash, can it still prove the employment relationship?

It's possible to obtain supplementary evidence — chat records in work groups, attendance records, work uniforms and ID badges, colleagues' testimonies, signature records or receipts for receiving wages, and audio recordings with the boss can all be used; in cash scenarios, it's even more important to rely on multiple sources of evidence to confirm the facts.

Q2: The boss is an individual contractor. Who should I sue?

For qualified contractors, they shall bear the responsibility of the employing entity in the event of illegal subcontracting; after identifying the general contractors and subcontractors in the chain, the responsible entities shall be identified, rather than just focusing on individuals.

Q3: How long does it take to confirm a labor relationship?

The arbitration process is generally concluded within 45 days, and the time limit can be extended by 15 days for complex cases. If the parties are not satisfied with the arbitration award, they can file a lawsuit. The entire process usually takes several months, and it can proceed in parallel with the preparation of materials for work-related injury identification.

Q4: The boss said that I'm in an employment relationship rather than a labor relationship. What does that mean?

Evaluate the facts qualitatively: if the worker accepts the management of the employing unit, abides by the rules and regulations, engages in paid labor, and the compensation is in the form of wages, they shall be identified as a labor relationship; only when the worker undertakes a purely one-time labor service contract may it be considered a labor service relationship.

Q5: What else can be claimed in addition to work-related injury benefits?

The double wage difference for not signing a written labor contract (up to eleven months), the retroactive payment of social insurance, and the unpaid annual leave wages can all be claimed together; since the evidence comes from the same source, it's more efficient to handle them as a package.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

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