The fact of employment relations can be proven even without a work book and order — Supreme Court

The Supreme Court once again confirmed: the absence of an official order for employment or an entry in the employment record book is not an unconditional basis for refusing to recognize an employment relationship. The main thing is the actual performance of labor functions by the employee and the presence of signs of an employment relationship.

This conclusion was reached by the Cassation Civil Court of the Supreme Court in case No. 293/1073/24 of April 29, 2026. The dispute arose after an employee who actually performed welding work at the enterprise without official registration received serious injuries while performing high-risk work.

The plaintiff noted that he worked at the enterprise with the knowledge of the management, performed production tasks, obeyed the internal labor regulations, passed a test for the position and provided documents for employment. At the same time, the employment contract was not officially registered.

The courts of first and appellate instance refused to satisfy the claim, but the Supreme Court overturned the appeal decision and sent the case for a new consideration.

The Supreme Court emphasized that establishing the fact of employment relations is possible even in the absence of an order or work record book, if there is other evidence of actual admission to work. The court drew attention to the key features of employment relations:

— performance of labor functions by the employee;
— submission to the rules of the internal labor regulations;
— provision of working conditions by the employer;
— payment of remuneration for the work performed.

Separately, the Supreme Court referred to the concept of deemed employment, enshrined in ILO Recommendations No. 198 “On Labor Relations”, according to which, when assessing legal relations, it is necessary to take into account not only formal documents, but also the actual circumstances of the performance of work.

The court also emphasized that the appellate court formally assessed the evidence and did not establish the nature of the legal relationship between the parties — in particular, it did not clarify whether the plaintiff performed work on the basis of a civil law contract or specifically an employment relationship.

This position of the Supreme Court is important for employees who actually work without proper registration, especially in disputes regarding industrial injuries, insurance payments, and labor guarantees.