Job Training, But How Does The Company Not Sign Labor Contracts?

The employing unit shall not detain labourers' identity cards and other certificates, nor shall they require laborers to provide security or to collect property from laborers in other names.

Xiao Li, a technical secondary school graduate, worked in a small business run by an individual and has never signed a labor contract.

Six months ago, the boss was in a car accident and has been hospitalized so far.

After hospitalization, the boss said he was nervous and postponed payment of wages.

For half a year now, Xiao Li has been looking for his boss many times, and the boss has been shirking it over and over again, saying that he will be paid again when he gets better.

Xiao Li has no choice but to apply for labor arbitration. How does Xiao Li prove that there is a labor relationship between himself and his company without signing a labor contract?

Labor relations refer to the relationship of rights and obligations formed by employing units to pay labor remuneration to laborers and to provide workers with professional labor.

The employer shall establish labor relations with the laborers from the date of their employment.

According to the notice on the establishment of labor relations related matters (No. [2005]12 of Labor Department), the employer did not sign labor contracts with the laborers, and concluded that the labor relationship between the two parties could be based on the following credentials: (1) payment vouchers or records (wages and salaries of workers' roster), payment of various social insurance premiums; (two) certificates of identity issued by employers to laborers, such as "work permit" and "service certificate"; (three) recruitment records of employers' recruitment registration such as "registration form" and "application form"; (four) attendance records; (five) testimony of other workers.

Among them, (1), (three), (four) of the relevant documents by the employing unit bear the burden of proof.

Xiao Zhang received a notice issued by a company to pass the company's interview. The notice stated that in order to ensure that Xiao Zhang grasps the relevant knowledge and skills of post, and is competent for the job demands, he has to carry out related training, and the company and Xiao Zhang bear 50% of the training cost.

So Xiao Zhang paid the training fee to the company for twenty thousand yuan.

However, the company did not carry out formal and systematic course training in the 5 month training period, nor did it conduct corresponding examination.

After the training, the company did not sign labor contracts with Xiao Zhang, nor did he provide him with a job.

Does Xiao Zhang have the right to claim compensation from the company?

The ninth article clearly stipulates: "employers recruit."

It is not allowed to detain a worker's identity card and other documents, nor to require laborers to provide security or to collect property from laborers in other names.

In the process of recruiting employees, the company charged a high fee for training on the grounds of the special training for Xiao Zhang, which violated the law, and Xiao Zhang had the right to refuse.

In addition, the company issued a pass to Xiao Zhang.

"The notice", but the notice only represents its adoption of the interview, does not mean that the company will inevitably sign labor contracts and establish labor relations.

However, because the company did not carry out formal and systematic course training for Xiao Zhang during the 5 month training period, nor did he conduct corresponding examination, he should refund the twenty thousand yuan training fee paid by Xiao Zhang.