(a) payment vouchers or records (payroll), the payment of various social insurance premiums;
(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;
(3) Employment records such as Registration Form and Application Form filled out by employees;
(4) attendance records;
(5) Testimonies of other workers, etc.
Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.
A labor contract refers to an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and administrative regulations. After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.
According to the first paragraph of Article 16 of the Labor Law of People's Republic of China (PRC) (hereinafter referred to as the Labor Law), a labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. According to the agreement, workers join enterprises, individual economic organizations, institutions, state organs, social organizations and other employers, become a member of the unit, undertake certain types of jobs, posts or positions, and abide by the internal labor rules and other rules and regulations of the unit; The employing unit shall timely arrange the hired laborers to work, pay labor remuneration according to the quantity and quality of labor provided by the laborers, and provide necessary working conditions according to the provisions of labor laws and regulations and labor contracts, so as to ensure the laborers to enjoy labor protection, social insurance, welfare and other rights and interests.
According to the Labor Contract Law of People's Republic of China (PRC)
Article 10 To establish labor relations, a written labor contract shall be concluded.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 74 The labor administrative department of the local people's government at or above the county level shall supervise and inspect the following implementation of the labor contract system according to law:
(a) the rules and regulations formulated by the employer and directly related to the vital interests of workers and their implementation;
(2) The conclusion and dissolution of the labor contract between the employer and the employee;
(three) the labor dispatch units and employers to comply with the relevant provisions of labor dispatch;
(four) the employer's compliance with the provisions of the state on the working hours and rest and vacation of workers;
(five) the employer's payment of labor remuneration agreed in the labor contract and the implementation of the minimum wage standard;
(six) the employer's participation in various social insurances and payment of social insurance premiums;
(seven) other labor supervision matters stipulated by laws and regulations.
Article 82 If an employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary.
Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded.