事实劳动关系是指劳动者与用人单位之间虽然已经形成从属性劳动,但不符合劳动关系成立的形式要件的劳动力使用与被使用关系。根据《劳动法》规定,建立劳动关系必须订立书面劳动合同,但现实中还是有为数不少的用人单位不与所属职工签订书面劳动合同,这与法律不够普及、人们的守法意识不强, Factual labor relations refer to the relationship between the labor force and the employers who have formed the subordinate labor but do not meet the formal requirements of the establishment of labor relations. According to the “Labor Law”, labor relations must be concluded in written labor contracts, but in reality there are still a large number of employing units that do not sign written labor contracts with their respective employees. This is not enough popularity of the law, people’s awareness of law-abiding is not strong,