If there is no written record, proof of the employment relationship and of the conditions of that relationship (for example, remuneration, working time, work schedule, etc.) may prove difficult.
It will then be incumbent upon the person claiming to be bound by an employment contract to prove its existence and content.
For the employee, the task is easier, in so far as he may establish the existence and content of the employment contract by any form of proof (for example: witness evidence).
Examples
The employer and the employee agreed that the latter should commence his professional activity. Some days later, even though no employment contract has yet been drawn up between the parties, the employer decides to terminate the employment relationship. The employee is entitled to take legal proceedings, alleging improper dismissal and will be able to establish by any means of proof that an employment relationship was created and put into effect.
In contrast, the employer, who wishes to prove the existence and content of the employment contract, must do so in accordance with the civil rules governing evidence.
Thus, if the employment contract involves a sum exceeding € 2,500, the employer must prove its existence and content by producing a written document from the employee which shows the probable existence of an employment contract.
If the contract involves a sum of less than € 2,500, the employer may prove its existence by witness testimony or by decisory oath (in other words, the employer will ask the employee to state his version of the facts under oath).