When encountering confusion during labor arbitration, I seek advice from a lawyer.

Hello, the recording can testify. This recording is legal.

First of all, the evidence under Article 63 of the Civil Procedure Law includes:4) audio-visual materials; Evidence must be verified to be true before it can be used as a basis for determining facts.

Second, article 65 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation) stipulates that a civil act carried out by a party in the form of audio-visual materials such as audio and video recordings may be found to be valid if there are two or more disinterested persons as witnesses or other evidence proving that the civil act complies with the provisions of Article 55 of the General Principles of the Civil Law.

Finally, the Supreme People's Court's Several Provisions on Evidence in Civil Proceedings (this provision is the main legal basis for courts to adjudicate such disputes).

Article 68: Evidence obtained by methods that infringe upon the lawful rights and interests of others or violate prohibitive provisions of law cannot be used as the basis for determining the facts of a case.

Article 70: Where one party submits the following evidence, and the other party raises objections but does not have sufficient evidence to refute the contrary, the people's court shall confirm its probative force.

Because there is no written record, your recording is purely a necessary or even the only optional means of restraining the violation of the law and making self-remedies, so it is valid and can be used as evidence.

Do you have a formal employment contract with the company? If so, it shall be subject to the contract. If there is only an oral contract, then your recording is considered part of the oral contract, and the arbitral tribunal's acceptance is evidence.

It is up to you to prove the rights you claim, and your recording should be used as evidence.

Any evidence that can prove the facts of the case can be used to testify. Judging from the current practice of civil litigation, the clandestine recording of the parties may be recognized by the court.

Recordings are legal evidence.

In court, during cross-examination (expressing one's own views and opinions on the evidence of the unit):

1. Require the unit to come up with evidence to prove that the rules and regulations are legal and valid, and the unit cannot produce evidence to prove it, or you can directly say that you have not seen these rules and regulations during your previous work, and it is an invalid system;

2. The burden of proof on the amount of the employee's wages lies with the employer, and you can ask the employer to produce a wage slip with your signature, but if the employer fails to provide it, it shall bear the adverse consequences of failing to provide evidence, and it shall be determined according to the amount of wages claimed by the employee.

Labor Contract Law

Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

The key point is the above: "The employer shall publicize or inform the employee of the rules and regulations and major matters that directly affect the vital interests of the employee". If the so-called "system" formulated by the employer has not gone through all the above procedures and steps (all of which are indispensable), it is illegal and cannot be used as a basis for punishment of the employee.

Article 6 of the Interim Provisions on Payment of Wages...The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference. When paying wages, the employer shall provide the employee with a list of his or her personal wages.

Article 6 of the Law on Mediation and Arbitration of Labor DisputesIf the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.

Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings In labor dispute cases, if a labor dispute arises due to the employer's decision to dismiss, remove, dismiss, terminate the labor contract, reduce labor remuneration, calculate the employee's working years, etc., the employer shall bear the burden of proof.

You may present your claim when cross-examining the evidence in arbitration and provide evidence for your claim.

The company didn't tell me that I had compensation when I fired me, and now I want to recover it.

1.Note Identification 2The bank card statement is pulled out to prove payroll form 3

Pull out the bank card statements of the other employees to prove that the wages of the other employees in the months when the wages are in arrears were made by bank transfer (supporting evidence) 4The employee handbook is to prove that the unit has been publicized (for example: send the handbook to you, and let you sign for it, etc.), if there is any change, you will take out the original version you have in your hand, and overturn the revised employee handbook.

You can provide evidence to overturn the evidence provided by the company.

There are two types of labor arbitration, individual arbitration and collective arbitration. The materials you need to prepare to apply for arbitration include: ID card, labor contract, notice or certificate of termination of labor relationship by the company, salary history for the past 12 months, social security payment records, and credit network information of the company you work for.

1. First of all, go to the local industrial and commercial bureau to check the business license of your unit and make a copy.

2. Write a labor arbitration application, a copy of your ID card, and a copy of the relevant evidence and supporting materials that you can prove your labor relationship, if you sign a labor contract, make a copy of the labor contract.

3. A decision on whether to accept your arbitration application will be made within five days after receiving it, and you will be notified if it is accepted, and you will be notified in writing and given an explanation if it is not accepted.

4. After accepting your case, there will be a ten-day period for presenting evidence, and in some places the period for presenting evidence is until the first day, you must read the content of the notice of proof, otherwise the submission of evidence will be delayed, and the other party may not recognize the evidence you submit later.

5. ** Hearing, generally first read your arbitration statement, and then present evidence, dialectic, related issues, debate, and mediation.

6. If the two parties can reach an agreement after the hearing, they can sign a labor mediation letter, and if both parties are unwilling to mediate, they can apply for an arbitration award to close the case, but there will be a certain amount of time to be arbitrated. Cases are generally concluded within 60 days.

7. If you are not satisfied with the judgment after receiving the award, you may appeal to the court within 15 days of receiving the award.

8. If neither party appeals, but the unit does not enforce it, it may apply to the court executive bureau for enforcement after 15 days after receiving the award.

Labor Arbitration Process.

1. When a party applies to the BAC for arbitration, it shall submit a statement of claim and submit a copy according to the number of respondents. The written complaint shall specify the following matters:

1. The name, occupation, address and work unit of the employee, the name and address of the enterprise and the name and position of the legal representative.

2. The claim for arbitration and the facts and reasons on which it is based.

3. Evidence, names and addresses of witnesses.

2. CIETAC shall make a decision on acceptance or non-acceptance within 7 days from the date of receipt of the complaint. If the decision is made to accept the case, a copy of the statement of claim shall be served on the respondent within 7 days from the date of the decision, and an arbitral tribunal shall be formed; Where a decision is made not to accept it, the reasons shall be explained.

The respondent shall submit the statement of defence and relevant evidence within 15 days from the date of receipt of the copy of the statement, and the arbitration commission shall have the right to require the parties to provide or supplement evidence.

3. The arbitral tribunal shall serve the time, place and written notice on the parties 4 days before the date of **. If a party receives a written notice and fails to appear in court without justifiable reasons or withdraws from the hearing without the consent of the arbitral tribunal, the complainant shall be treated as withdrawing the lawsuit, and the respondent may be adjudicated in absentia.

4. The arbitral tribunal shall conduct mediation in handling labor disputes, and promote the parties to reach an agreement voluntarily on the basis of ascertaining the facts. If an agreement is reached through mediation, a mediation document shall be drafted, and the mediation document shall have legal effect from the date of service. If no agreement is reached through mediation, the arbitral tribunal shall make a decision in a timely manner.

5. After the arbitral tribunal has rendered the award, it shall prepare the award and serve it on the parties. If the parties are satisfied with the arbitral award, they may file a lawsuit with the people's court within 15 days from the date of receipt of the award, and if they do not file a lawsuit at the expiration of the time limit, the award shall take legal effect.

6. The parties shall perform the legally effective mediation documents and rulings within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for compulsory enforcement.

Gather evidence that you work for the companyIf you don't sign a contract, you will be paid double your salary. Evidence must be photocopied in two copies.

Labor arbitration is generally available for consultation. You will be asked to fill out the application, write a simple point for the reason for the application, and the amount of compensation claimed. If you accept it, you will wait for **, and if you don't sign the contract, you will definitely be compensated for arrears of wages.

Shanghai is like this, if you were somewhere else, it might be different. But I don't think it's too much worse for me. Tomorrow I will sleep on labor arbitration**.

Good luck.

1. If the company does not register, it is a civil dispute and the arbitration committee will not accept it.

2. If the company does not sign a contract with you, it should pay you double your salary from the second month after you join the company. Will win the case.

3. It is the full salary.

1. The trial transcript is not provided to the parties, but is only for the purpose of the trial personnel's ruling; 、

2. Based on the credibility of the Arbitration Commission, no one will deliberately tamper with the transcript to achieve your unfavorable purpose, otherwise he or she will be subject to corresponding sanctions, up to the revocation of his professional qualifications;

3. After you sign, it doesn't matter if someone deliberately tampers with it, if you agree or request to modify it when signing, the modified part should be fingerprinted by you; If the transcript is altered by you, but you have not left your fingerprint, you can deny the authenticity of the altered part of the transcript. So, you don't have to worry.

You should carefully read and see whether the content of the clerk's record is consistent with your statement, and if there is any discrepancy, please correct it immediately, and then you can sign at the end of the page, and affix your own fingerprint to the changed places, be careful about the clarity of the fingerprint, and do not be ambiguous. When you check it in the future, you can clearly identify whether those words have been checked?

Generally, it will not be changed, even if it is to be changed, the change also needs your signature to confirm, otherwise it will be invalid.

The labor arbitration commission is an administrative agency and will not tamper with the transcript of the hearing;

If you are really not at ease, you can apply to the labor arbitration commission for a copy back.

The recording of the salary and treatment with the company can be used as evidence. You can apply to the labor department for labor arbitration in a timely manner and ask the employer to pay the various subsidies that you have agreed to verbally.

Your recordings are legal and can be presented as evidence.

Your recording studio is legal and can be used as evidence.

1. According to the fourth paragraph of Article 19 of the Labor Contract Law, the probationary period is included in the term of the labor contract, so the company's reason is not established.

2. You have been working for more than two months since you joined the company on June 5, 2013, but you have never signed a labor contract, and the company's practice violates the provisions of Article 10 of the Labor Contract Law, and you need to bear the legal responsibility of paying twice the salary stipulated in Article 82, and the time is calculated from the next day after you have worked in the company for one month.

3. Since it is a de facto labor relationship, the company can dismiss you, but you need to pay the corresponding economic compensation, that is, half a month's salary.

Question supplement: 1. If you don't sign a contract, there is naturally no probationary period, and you have the right to ask the company to pay the difference between the regular salary and the probationary salary (500 yuan).

2. The double salary is calculated based on 3,000 yuan.

3. Both social security and provident fund shall be paid from the date of establishment of labor relations.