1 Article 14 of the Labor Contract Law stipulates that if the employer fails to conclude a written labor contract with the employee at the end of 1 year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee. Therefore, although there is no written labor contract, employees do have labor contracts with employers.

2. Article 82 of the Labor Contract Law stipulates that if an employer violates the provisions of the Labor Contract Law and fails to conclude an open-ended labor contract with the employee, it shall pay the employee twice the salary every month from the date when the open-ended labor contract should be concluded.

3. Article 100 of the Labor Law stipulates that if the employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit, and if it fails to pay within the time limit, it may impose a late fee.

Second, the evidence

1. If the employer has not concluded a labor contract with you, it can refer to the following documents to confirm the existence of labor relations between the two parties:

(1) wage payment voucher or record (employee payroll) and record of paying various social insurance premiums;

(2) Work Permit, Service Certificate and other documents that can prove the identity of the employee issued by the employer;

(3) Employment records of employers' recruitment, Recruitment Registration Form and Registration Form filled out by workers;

(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.

2. Double pay. The employer bears the burden of proof to prove whether there is a labor contract, and the laborer only needs to show the salary slip or bank passbook record to prove that it is not a double salary.