Self Made Labor Service Payment Form Helps Employees Establish Labor Relations

In March 2012, he was introduced to an agricultural company in Ji'nan for maintenance work. The two sides did not sign a labor contract, and the agricultural company did not pay social insurance premiums to Xie.

In September 2, 2014, Xie Mou injured his left eye when he was finishing the greenhouse, and he never went to work again.

In January 26, 2015, he was 60 years old.

In September 24, 2015, Xie applied to the labor and personnel dispute arbitration committee of Licheng District, Ji'nan, and asked for confirmation of the labor relationship between the two sides since March 17, 2012.

The Arbitration Commission heard that Xie had exceeded the statutory retirement age, and its request was not within the scope of the labour dispute case and decided not to accept it.

Xie refused to accept the case and filed a lawsuit against the Licheng District Court.

In the trial, the agricultural company advocated the labor relations between the two sides, and submitted 28 wage schedules from April 2012 to August 2014, and 29 labor service distribution forms from March 2012 to August 2014. Among them, the name and ID card number, attendance days, daily wages and monthly wages were included in the labor service distribution form, and the official seal of the agricultural company was covered on the table.

The agricultural company says the company divides personnel into staff and labor personnel.

The staff are staff members, managers and technicians of the company. Xie is a labor force. He arranges the work by the team leader. The team leader takes attendance statistics and checks with the labor force to submit the company's finance, which is paid by the company's finance.

The court held that the second article of the circular on the establishment of relevant matters concerning labor relations stipulates that employers do not sign labor contracts with workers, and that when the labor relationship exists between them, they can refer to the following credentials: (1) payment of vouchers or records of payment of social insurance premiums; (2) recruiting records filled by employers, such as registration forms and application forms, (3) attendance records; (4) testimony of other workers.

The agricultural company argued that the company staff and labor personnel were divided by their own units, and the submitted labor service payment forms were produced by the unit itself, which was confirmed by the agricultural company for Xie Mou.

The payment is based on the attendance table.

According to the statement of labor service payment submitted by the agricultural company, Xie has received remuneration since March 2012 and confirmed with Xie's proposition from 3 months in 2012.

Be confirmed.

Accordingly, the court decided that there existed labor relations between agricultural company and Xie Mou from March 2012 to January 26, 2015.