If I have signed a blank labor contract with the company, what evidence is required if I want to app

However, if the employee is unable to provide some evidence, such as evidence of working hours and reduction of labor remuneration, the arbitral tribunal may require the employer to provide evidence within a specified time limit. If the employer fails to provide the information within the time limit, it shall bear the corresponding adverse consequences. Therefore, under normal circumstances, the employee only needs to provide preliminary evidence such as the existence of an employment relationship, and many other evidence needs to be provided by the employer.

However, it should be decided whether the employee should provide evidence based on the specific arbitration claim of the employee, for example, if the employee claims to pay overtime pay, the employee should usually provide evidence.

Article 39 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes If the evidence provided by the parties is verified to be true, the arbitral tribunal shall take it as the basis for determining the facts.

If the employee is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitral tribunal may require the employer to provide such evidence within a specified time limit. If the employer fails to provide such information within the specified time limit, it shall bear the adverse consequences.

Article 17 of the Rules for the Handling of Labor and Personnel Dispute Arbitration shall be the responsibility of the parties to provide evidence for their own claims. If 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.

An employment contract, where you have a work permit, or other evidence that you work for the company.

Employment Contract, Salary Statement, Proof of Employment or Witness Statement (to be applied for before going to court).

Legal analysis: Yes, if a dispute arises due to the signing of a blank labor contract with the employer, the employee can apply to the labor dispute arbitration commission for labor arbitration to protect his legitimate labor rights and interests.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, the negotiation fails, or they do not perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal subjectivityCan a worker sign a blank contract if he encounters it, and it is better not to sign it. In practice, the employment contract is generally printed in advance by the employer, and only the terms of the employment contract, such as the term, position, salary, etc., are blank. However, some employers require the employee to sign the incomplete employment contract first, and then the employer fills in the blanks.

According to the provisions of the Labor Contract Law, an employment contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the preparation paragraph of the labor contract text. The employer and the employee shall each hold one copy of the labor contract. In other words, the employment contract is based on the agreement between the employer and the employee, and once signed by both parties, the employment contract will take effect, and both parties need to perform the agreed obligations and bear relevant legal liabilities.

If the employee has signed a blank employment contract, the employer may fill in the blank space with content that is unfavorable to the employee and beneficial to the employer itself, including less wages, longer working hours, and working periods that are inconsistent with the negotiation results. Since the employment contract takes effect after it is signed and sealed, even if the employee finds that the content is inconsistent with the negotiation or there are errors, it is difficult for the employee to provide evidence to prove that the employer's behavior is illegal. Therefore, when signing an employment contract, the employee must fill in the employment contract clearly and completely, and confirm that it is the content agreed upon with the employer before signing.

What are the terms of an employment contract? The employment contract shall contain the following clauses: (1) the name, domicile and legal representative or principal person in charge of the employer; (2) The worker's name, address, resident ID card or other valid ID number; (3) the term of the labor contract; (4) Work content and work location; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) social insurance; (8) Labor protection, working conditions and occupational hazard protection; (9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary provisions of the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

Legal objectivityArticle 3 of the Law on Mediation and Arbitration of Labor Disputes stipulates that the settlement of labor disputes shall be based on facts, follow the principles of legality, fairness, timeliness and emphasis on mediation, and protect the legitimate rights and interests of the parties in accordance with the law.

If the contract has already been signed, the employee can file a complaint with the labor inspection department to request correction or apply for labor arbitration, claiming that the labor contract is invalid and requesting the employer to re-sign the contract.

The content of the contract shall be agreed upon by the parties. It generally includes: the name, name, address, subject matter, quantity, quality, price or remuneration of the parties, the time limit for performance, the place and method of performance, the liability for breach of contract, and the method of dispute resolution.

Through the content of the contract, the rights and obligations of both parties to the contract are clearly stipulated. If a dispute arises during the performance of the contract, there are clear methods of rights protection and compensation standards. Where a unit or individual signs a blank contract, it shall be deemed to have approved the content of the contract and shall bear the legal consequences arising from the content added after the contract.

The relevant judicial interpretations of the Supreme People's Court indicate that the signatory's contract, the special contract entrusting unit of the signing contract, and the contract with a blank contract official seal, shall be regarded as the entrustment of the contract and the responsible unit. When the entrusting unit terminates the contract, it shall bear civil liability and compensate for losses.

The legal consequences arising from this contract or the letter of introduction shall be borne by the unit or individual that issued or signed the "blank document".

Labor Contract Law of the People's Republic of China

Article 26 The following labor contracts are invalid or partially invalid:

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

2) The employer exempts itself from statutory liability and excludes the rights of employees;

3) Violating mandatory provisions of laws or administrative regulations.

If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

Article 27 If part of the labor contract is invalid and does not affect the validity of the other parts, the other parts shall remain valid.

It is illegal to sign a blank employment contract. The labor contract shall have a labor contract period; the content of the work and the place of work; Calendar time and rest and vacation of the work model; Labor cover code remuneration and other important provisions. However, blank contracts are prone to fraud and other behaviors, and are prone to biological source disputes, so they generally cannot be signed.

Article 27 of the Law on Mediation and Arbitration of Labor Disputes stipulates that the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations.

From the time of interruption, the arbitration limitation period is recalculated. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.