If the labor relationship has not been established, it is based on the third paragraph of Article 10 of the Labor Contract Law: if the employer and the employee conclude a labor contract before employment, the labor relationship will be established from the date of employment.

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. Workers join enterprises, individual economic organizations, institutions, state organs, social organizations and other employers, become a member of the unit, undertake certain types of work, posts or positions, and abide by the internal labor rules and other rules and regulations of the unit.