1. If the intern has not signed a labor contract, as long as there is a factual labor relationship, the relevant provisions of the Labor Law and the Labor Contract Law are also applicable. It is suggested that you can collect evidence that can prove your actual work in the employer, such as wage payment vouchers, work permits, registration forms and attendance records.
2. If the employer is in arrears with the employee's wages, the employee may apply to the local labor arbitration committee for arbitration with the above-mentioned evidence that can prove the labor relationship. However, it should be noted that the limitation of action for applying for labor arbitration is one year.
Relevant legal basis:
1. Article 27 of the Law on Mediation and Arbitration of Labor Disputes The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.
The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.
If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.
If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.
2. Notice of the Ministry of Labor and Social Welfare on matters related to the establishment of labor relations
Two, the employer has not signed a labor contract with the employee, in determining the existence of labor relations between the two sides, you can refer to the following documents:
(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.