I started work without a written contract: who is my employer?

What the September 2025 analysis identifies

DLA Piper’s September 2025 analysis addresses written contracts, employer identity and the judicial clarification of employment relationships. The actual work, direction, pay and social-insurance records matter alongside the documents. A missing contract does not make every group company your employer or establish every payment claim. Distinguish proving the relationship from a request for missing-contract double wages; that payment issue is also different from 2N compensation for unlawful termination.

Build an employer-identity record

Record which entity recruited you, which entity directs your daily work, which entity pays your wages, which entity contributes to your social insurance, and which entity appears on official notices. Keep lawful copies of relevant records with dates. A workplace brand, a client name, and the registered employing entity may be different. Mark the differences clearly instead of choosing the most familiar name. This record helps you and any adviser see who the actual employer might be.

Ask about the missing contract directly

Request the proposed contract, the employing entity, the intended start date, and the signing arrangements. Preserve your earlier requests and the employer's responses. Read any retrospective date or acknowledgement against actual events. A document offered later can contain terms that require advice before you accept them. Do not assume that a backdated signature fixes the problem; the actual sequence of events matters.

Prepare a timeline before asking for an amount

List the actual commencement date, any contract requests you made, documents provided by the employer, pay periods, and any reason signing did not occur. The legal relationship, the time window, and statutory exceptions affect compensation. Ask the applicable labour service or an adviser to assess the record rather than relying on a generic 'double pay' slogan.

Example: a brand, a payer and a contract offer differ

Hypothetical illustration: the vacancy uses a group brand, wages arrive from one entity and a later contract names another. Make a dated table of recruitment, actual supervision, pay and social insurance. Ask: “Which entity claims to employ me, what explains these differences, and does the proposed contract match the work already performed?” Do not backdate events or assume the largest group company is automatically liable.

Read a later signature against the real timeline

Mark whether the later document states a commencement date, claims an earlier signature or says every payment has been settled. Ask for correction where it misstates the events, and preserve the proposal and your response. Bring the actual signing history and reasons for delay for advice on the applicable time window and exceptions. A statutory contract extension and an initial failure to sign are different questions; a protection period is not a general excuse for every unsigned contract.

Next steps if the issue remains unresolved

If you have asked for the contract and received no clear answer, or if the employer refuses to sign, you may need to seek formal advice. Bring your timeline, the employer-identity record, copies of any written requests and responses, and any documents showing pay or social insurance. Ask a labour law specialist or the local labour dispute arbitration committee to assess whether an employment relationship exists and what compensation, if any, applies. Do not rely on a general slogan; the outcome depends on the specific facts and the applicable exceptions.

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