What evidence is required to apply for labor arbitration double wages 10

That's right. If you have already paid a share, you can only claim the difference between the double salary.

If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the number of hours worked, the monthly salary, etc., the employer can prove it by using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed. If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

Look at me above, and only after finding the content involved in the title of the book can you fully understand what I mean.

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The following evidence must be prepared for all labor arbitrations: (1) the original and copy of your own ID card (to prove your identity) (2) the company's industrial and commercial information inquiry form (that is, the industrial and commercial information that you printed out earlier) (3) labor contract (if you do not have a labor contract, you can prepare a work card, social security payment records, salary payment records, internal documents of the company with your name and position, etc., as long as you can prove that you are working for the company. ）

Legal analysis: If the employee fails to sign a labor contract for more than one month but less than one year, does not sign an indefinite-term labor contract, and dissolves or terminates the contract in violation of regulations, he can apply for double salary compensation. If an application is made for payment of double wages, it is sufficient to prove the employment relationship and explain the reasons for the application, and the burden of proof shall be borne by the employer.

The claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents.

Legal basis: Labor Contract Law of the People's Republic of China

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Lawyer analysis

Circumstances under which you can apply for labor arbitration for double wages:

1.If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year, it shall pay the employee twice the monthly wage;

2.If the employee is assigned to work on a rest day and cannot arrange a compensatory holiday, he shall be paid a wage remuneration of not less than 200% of the wage.

Legal basis

Article 82 of the Labor Contract Law of the People's Republic of China.

If the employer fails to make a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded, Article 44 of the Labor Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

1. If there is an agreement, it shall be agreed: if there is an agreement between the two parties to the labor relationship on the monthly wage, the calculation base of the double wage shall be determined according to the monthly wage of the normal work time agreed by both parties. 2. Article 18 of the Labor Contract Law shall be implemented if there is no agreement

If there is no agreement or the agreement is unclear on the monthly wage, the monthly wage for normal working hours shall be determined in accordance with Article 18 of the Labor Contract Law, and the determined wage amount shall be used as the basis for calculating the double wage. 3. If the implementation cannot be determined according to Article 18: If the amount of wages for normal working hours cannot be determined according to Article 18 of the Labor Contract Law, the monthly wages for normal work preparation time after deducting overtime wages, non-routine bonuses, benefits, risks and other items actually obtained by the employee can be determined.

If the monthly wage does not specify the constituent items, the employer shall provide evidence on the constituent items of the wage, and if the employer is unable to provide evidence or the evidence is insufficient, the calculation base of the double wage shall be determined according to the actual monthly income of the employee.

Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded. Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid; 2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, a wage remuneration of not less than 300 percent of the wage shall be paid.

There are seven steps, as follows:

1. Submit a written application for labor arbitration;

2. Wait for the application to be reviewed, and take the "Notice of Acceptance of the Case" and the "** Notice";

3. Mediation by the Labor Arbitration and Mediation Tribunal;

4. ** Trial, adjudication and adjudication;

5. Take the arbitral award;

6. If you are not satisfied with the result, you can sue;

7. Get compensation.

The specific process and materials to be prepared:

1. Submit a written application for labor arbitration: The party accepting the case or entrusting the party to submit the Application for Labor Dispute Arbitration to the labor arbitration commission in the jurisdiction, and submit a copy and relevant evidence according to the number of respondents.

2. Wait for the application to be reviewed, and take the "Notice of Acceptance of the Case" and the "** Notice";

3. The labor arbitration commission will examine whether it meets the conditions for acceptance and make a decision on whether to file the case or not to accept it within five days. If the procedure for applying for double wages in labor arbitration files a decision, the labor arbitration commission will issue the applicant a Notice of Acceptance of the Case and a Notice of Buru. If the case is not accepted, the arbitration commission shall issue a Decision of Inadmissibility stating the reasons for the inadmissibility.

4. Mediation by the Labor Arbitration Tribunal: The labor arbitration case shall be presided over by the arbitrator in the arbitration tribunal, and the labor dispute case shall be mediated in advance. If an agreement is reached through mediation, an arbitration mediation statement shall be drafted, signed by both parties, signed by the arbitrators, stamped with the seal of the arbitration commission and served on the parties.

If the mediation fails, the ** trial will be conducted.

5. ** trial, adjudication ruling: labor mediation is unsuccessful and enters the ** stage. **The trial of arbitral hearings mainly includes the investigation stage, the cross-examination stage, the debate stage, and the final mediation, etc., and if the final mediation fails, the arbitration award will be awarded.

6. Obtaining the arbitral award: The arbitral award shall be made by the arbitral tribunal through collegiate deliberation, and the arbitral award shall be prepared and served on both parties.

7. Dissatisfied with the result may be sued: After the award, the labor dispute arbitration implements the system of one adjudication and two instances, that is, if the parties are dissatisfied with the arbitral award made by the arbitration commission, they may file a lawsuit with the basic people's court of the place of jurisdiction within 15 days from the date of receipt of the award, and if they are not satisfied with the first-instance judgment made by the basic people's court, they may appeal to the intermediate people's court of the jurisdiction within 15 days from the date of receipt of the judgment.

8. Obtaining compensation: According to the judgment, the defendant enterprise must perform the obligation of compensation or compensation, and the plaintiff obtains compensation.

1. Preconditions for the application of double wages

The double wage requirement only applies when the employee establishes an employment relationship with the employer. Labor relations, employment relations, etc., do not apply to the provision of double wages. Proof that there is an employment relationship between the employee and the employer, and one of the following conditions is met:

1. Sign a written labor contract with the employer;

2. If the labor contract has not been signed, there are social insurance records, salary payment records, badges, access control cards, work permits, work cards or work record sheets (forms), mortgage income, tax payment certificates, attendance cards, wage payment certificates, written proof of wage arrears, etc., work records, corresponding evidence of business trips, records of complaints from labor inspection departments, witness testimony of colleagues, and audio recordings.

2. How to calculate double wages

1. If there is a labor relationship with the employer and no labor contract has been signed, you can apply for labor arbitration to claim double wages.

2. The payment time of double wages is from the second month of the date of employment, and the law gives the employer a one-month "buffer period" to sign a written labor contract with the employee.

3. The Labor Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay double wages. The total calculation time is the period of one year minus one month equals 11 months. So, the compensation is 11 months of double wages.

3. Precautions

1. The issue of the statute of limitations for double wages: raised within one year from the date of termination of the labor relationship. After that statute of limitations, the request for double pay will not be supported.

2. Not all cases where the labor contract is not signed, the employer is entitled to double wages. Whether it is necessary to pay double the wages of the employee should be considered whether the employer has fulfilled its obligation to negotiate in good faith and whether the employee refuses to sign the contract. If the employer can provide evidence to prove that the failure to sign a written employment contract was caused by the employee's reasons, the employer is not required to pay double wages.

Reminder: The Civil Code will come into force on January 1, 2021, and the Marriage Law, Inheritance Law, General Principles of the Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law, and General Provisions of the Civil Law will be repealed at the same time.