事实劳动关系是指无劳动合同,而事实上又存在劳动关系,具体有:一、新招收的职工已从事劳动或工作,但未订立劳动合同的;二、原劳动合同已期满,企业不仅未终止劳动关系,反而依旧提供劳动工作条件或支付劳动报酬,但未续订劳动合同的。发生以上情况有企业的原因,也有职工的原因,但不论什么原因,企业一般应承担主要责任。因企业是招工方,在招收职工时,应由企业向职工提出劳动合同文本由企业办理录用和转移人事关系的手续,即使是职工不想或拖延签订合同,企业可以依法终止劳动关系,避免出现事实劳动关系。 Factual labor relations refer to the absence of a labor contract, but in fact there are labor relations, specifically: First, the newly recruited workers have been engaged in work or work, but did not conclude a labor contract; Second, the original labor contract has expired, companies not only If the labor relationship is not terminated but the working conditions are still provided or paid, but the labor contract is not renewed. The above reasons have business reasons, but also the reasons for the workers, but no matter what the reasons, companies generally should bear the primary responsibility. Because enterprises are recruiting workers, when recruiting workers, the enterprise shall submit the text of the labor contract to the staff and workers to handle the procedures of hiring and transferring personnel relations. Even if the workers do not want or delay the signing of the contract, the enterprise may terminate the labor relation and avoid the fact Labor relations.