How to adduce evidence for wage card as evidence in labor arbitration?

The salary card can be recorded in the bank where you are located, and the bank will provide it, so that you can provide evidence.

The payroll card can be used as a basis for proofing your salary in the microcomputer of the bank where you are funded.

If the employer is unable to provide proof of wage payment, the arbitral tribunal may require the employer to provide proof within a specified time limit. If the employer fails to provide it within the specified time limit, it shall bear the adverse consequences! You may apply for access to the arbitration commission.

I. Notice on Matters Concerning the Establishment of Labor Relations If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties: (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity; (3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment filled in by the worker; (4) Attendance records; (5) Testimony of other workers, etc. Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

2. Article 39 of the Labor Dispute Mediation and Arbitration Law 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 it within the specified time limit, it shall bear the adverse consequences!

The evidence required to apply for labor arbitration for arrears of wages includes wage payment vouchers or records, records of payment of insurance premiums, or work permits used at work, as well as attendance records of ordinary commuting to and from work, or testimony of other employees. Wage arrears can apply for labor arbitration procedures at the labor dispute arbitration committee within the local human resources and social security bureau.

OneWhat evidence is required for arrears of wages to apply for labor arbitration

The evidence required for arrears of wages to apply for labor arbitration is as follows:

1.Wage payment vouchers or records (payroll roster) and records of payment of various social insurance premiums;

2.The employer wants to issue a work permit and other documents that can prove the employee's identity;

3.Records such as the employer's recruitment registration form and registration form filled in by the employee;

4.attendance records;

5.Testimonies of other workers, etc.

IILabor arbitration procedure for arrears of wages

If you are in arrears of wages, you can apply for labor arbitration, or you can go to the Labor Dispute Arbitration Commission of the local Human Resources and Social Security Bureau to apply for labor arbitration. The labor dispute arbitration commission shall, within five days from the date of receipt of the arbitration application, accept the application if it finds that it meets the conditions for acceptance, and notify the applicant. Article 29 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration stipulates that within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, it shall accept it and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained.

If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.

IIIWays to protect rights in arrears of wages

If the employer is in arrears of wages, the employee may file a complaint with the labor inspection department or apply to the labor dispute arbitration commission for labor arbitration. When making a complaint, a copy of the applicant's ID card and evidence of the relevant arrears of wages should be provided. If the employee still fails to pay after being ordered, the employee may request the employer to pay compensation.

Standard: Between 50% and 100% of the amount payable. Please be reminded that when applying for labor arbitration, the employee may request the termination of the employment relationship at the same time and request the employer to pay compensation to the employee.

In many labor wage disputes, the two parties often dispute over who bears the burden of proof as to whether the wages have been paid. However, according to the interpretation of the relevant Si Yuchang Law in China, the burden of proof on whether wages have been paid should be borne by the employer. China's "Interim Provisions on the Payment of Wages" stipulates:

The employer may entrust the bank to pay the wages on behalf of the employer. 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.

This means that the employer should keep the information on the payment of wages to the employee for at least two years. The Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings stipulate that if there is evidence proving that one party has evidence and refuses to provide evidence without justifiable reasons, if the other party claims that the content of the evidence is unfavorable to the holder of the evidence, it may be presumed that the claim is established.

Therefore, the burden of proof should be borne by the employer in a labor dispute over whether or not to pay (overtime) wages.

Legal basis] Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

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 or 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 provided for by laws and regulations.

The salary slip can be used as evidence, and secondly, if the company does not recognize the wage standard, there should be corresponding evidence to prove it. The wage slip is an important basis for determining the payment of wages by the employer, and it is also one of the important bases for the arbitration department and the judicial department to determine the facts after a dispute arises between the employer and the employee.

A simple salary schedule usually includes nine management items: job number, employee name, basic salary, position salary, welfare expenses, housing**, payable, personal income tax, and actual salary. The format includes the indication of the unit, the date of tabulation, the name, the standard salary, the post allowance, the benefit award, the overtime pay, the total salary, other deductions, medical insurance, housing provident fund, life insurance, union fees, the total deductions, the actual salary, remarks, etc.

The legal role of pay stubs:

1) Proof of employment relationship with the employer.

Pay slips can prove the employment relationship with the employer, but pay slips are not the only evidence. You can find other evidence to prove it, such as witnesses, work clothes, **, etc. If you have the evidence, you will definitely win the case if you go to the labor arbitration commission for arbitration.

2) The wage slip is one of the evidences of labor arbitration.

Comrades from the Labor and Wage Department of the Municipal Social Security Bureau believe that employees have the right to know and supervise their own income, and wage slips are the best form of expression.

When getting a pay stub, there are four things you should pay attention to:

1) Look at the total. Wages must be paid in full, and the total monthly wages must be fixed, which must be consistent with the amount signed in the labor contract, and no monetary wages shall be substituted in kind. The Ministry of Labor stipulates that enterprises can only deduct employees' insurance premiums, housing provident funds and personal income tax from their wages, while other items cannot be deducted unless there are special circumstances.

2) Look at four insurances and one housing fund. Endowment insurance, medical insurance, work-related injury insurance, unemployment insurance and housing provident fund, whether these five items have been deducted from the company, whether they have entered your personal account, the inquiry method can be inquired from the social security bureau of the district where the unit is located.

3) Look at the personal tax. Each city has a different starting point for taxation.

4) Look at the time. Whether the wages are paid according to the time specified in the labor contract, the employer shall pay wages at least once a month, and shall not postpone the payment of wages through the bank in case of statutory holidays, holidays or rest days; If wages are paid directly, wages shall be paid in advance. It has been calculated that if one day of late wages are paid every month, a few years later it will actually be equivalent to one month less wages.

Legal basis

Article 6 of the Interim Provisions on Payment of Wages shall be paid by the employer to the employee. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf.

Article 79 of the Labor Law provides that after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.