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劳动保障部日前发出关于确立劳动关系的通知明确,用人单位未与劳动者签订劳动合同,认定双方存在劳动关系时可参照下列凭证:工资支付凭证或记录(职工工资发放花名册)、缴纳各项社会保险费的记录;用人单位向劳动者发放的“工作证”、“服务证”等能够证明身份的证件;劳动者填写的用人单位招工招聘“登记表”、“报名表”等招用记录;考勤记录;其他劳动者的证言等。
The Ministry of Labor and Social Security issued a notice on the establishment of labor relations a few days ago that the employer has not signed the labor contract with the laborer and finds that the labor relationship between the two parties may refer to the following vouchers: vouchers for payment of wages or records (roster of employee salaries) Social insurance premiums; employers issued to the workers, “work permit”, “service card” and other documents that can prove identity; employers fill the employer recruitment recruitment “registration form”, “registration form” and other recruitment records; Attendance record; testimony of other workers.