What evidence do I need if I apply for arbitration?

The first is evidence that you have an employment relationship with the employer.

According to the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations

1. The employment relationship shall be established if the employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances:

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business.

2. 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 that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" 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).

Whichever aspect of labor dispute arbitration you want to apply for, you can take the evidence from that aspect.

*Again, in order of level.

Hello. It depends on what you want to prove, generally according to your request and the facts you want to prove to collect evidence, such as labor dispute arbitration, to prove the existence of the labor relationship, the evidence is the labor contract or other evidence that can prove the fact of the labor relationship (salary card, attendance record, work ID, ID card, etc.).

Your statement is incomplete, and correction can better solve the problem!

Is it labor arbitration? It is necessary to prepare evidence of the existence of an employment relationship with the employer, such as salary slips, work clothes, work permits, social security details, salary card details, etc.

If the mediation fails, there will be a labor complaint that has not been successfully submitted, and then you can apply for labor arbitration, and then go to the industrial and commercial bureau to pull out the information of the unit, you can apply for arbitration, and the arbitration application on my side is written by us, and some places may have to write it yourself, as for the evidence is the evidence that proves your labor relationship and some evidence that is beneficial to yourself, you can apply for legal aid. Let the legal aid lawyer help you get the evidence out.

1. What evidence is required for arbitration.

1. The evidence to be prepared for arbitration is as follows:

1) Proof of the employee's employment, such as "Entry Registration Form", "Letter of Employment", etc.;

2) Proof of the employee's work content, such as "Labor Contract", "Entry Registration Form", "Post Adjustment Notice", "Secondment Letter", "Job Description", "Employee Performance Appraisal Form", etc.

2. Legal basis: Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China.

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to 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.

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 model group insurance, welfare, training, and labor protection;

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

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

2. What are the conditions to be met to apply for labor dispute arbitration?

The conditions to be met to apply for labor dispute arbitration are as follows:

1. The applicant for arbitration shall be a party to the labor dispute;

2. The matter to which the parties apply for arbitration is a labor dispute related to labor rights and obligations;

3. The parties shall apply for arbitration within one year from the date on which they know or should know that their rights have been infringed;

4. The parties shall apply to the labor dispute arbitration commission with jurisdiction for arbitration.

1. Proof of the entry of the worker: such as the "Registration Form for the Slag Sakura", the "Letter of Employment", etc.; 2) Proof of the employee's work content, such as "Labor Contract", "Entry Registration Form", "Post Adjustment Notice", "Secondment Letter", "Job Description", "Employee Performance Appraisal Form", etc. 3. Proof of agreed wages and working hours

For example, "Labor Contract", "Employee Handbook" and other rules and regulations; Wait a minute.

1. What is the evidence required to apply for labor arbitration?

1) Proof of the employee's employment, such as "Entry Registration Form", "Letter of Employment", etc.;

2) Proof of the employee's work content, such as "Labor Contract", "Entry Registration Form", "Post Adjustment Notice", "Secondment Letter", "Job Description", "Employee Performance Appraisal Form", etc.

3. Proof of agreed wages and working hours: such as "Labor Contract", "Employee Handbook" and other rules and regulations;

4. Proof of payment of wages to the worker: e.g., "Salary Slip", "Bank Punch Record", etc.;

5. Proof of the employee's specific working hours: e.g., "Attendance Sheet", "Attendance Record", etc.;

6. Information on the resignation of the employee: such as "Resignation Handover Form", "Dismissal Letter", "Resignation Application", etc.

2. How to judge the validity of labor arbitration evidence

1. Official documents produced by state organs and other functional departments ex officio are superior to other documentary evidence;

2. Appraisal conclusions, on-site records, inquest records, archival materials, and notarized or registered documentary evidence are superior to other documentary evidence, audio-visual materials, and witness testimony;

3. The original and the original are better than the reproductions and reproductions;

4. The appraisal conclusion of the statutory appraisal department is better than the appraisal conclusion of other appraisal departments;

5. The inquest records made by the court presiding over the inquest are superior to the inquest records made by other departments;

6. The original evidence is better than the transmitted evidence;

7. The testimony of other witnesses is superior to the testimony provided by witnesses who have a family relationship or other close relationship with the party;

8. The testimony of witnesses who testify in court is better than the testimony of witnesses who do not testify in court;

9. Several pieces of evidence of different types and consistent content are better than one isolated piece of evidence.

In practice, whether it is litigation or arbitration, evidence plays a pivotal role in the trial of any case, and each case needs to be based on sufficient evidence to make a judgment, and only such a judgment can be impartial. If the original cannot be provided, the original evidence should be provided as much as possible, so as to minimize the adverse impact of one's own inability to provide evidence, or may shift the burden of proof to the other party.

What evidence is required to apply for labor arbitration From the current relevant regulations of our country, the following facts can be used as evidence in arbitration: 1"Documentary evidence" refers to written materials recorded or expressed in words, symbols, or graphics that can prove the facts to be proved in a case; 2.

Physical evidence refers to all items that can prove the true circumstances of the case. 3.Audio-visual materials refer to the evidence that proves the facts of a case by means of sound or images reflected in audio or video tapes, or by information stored on electronic computers**.

4.Witness testimony refers to an oral or written statement made by a witness to the case-handling personnel on the facts of the case that he or she knows; 5."Party statement" refers to the statement made by the party to the arbitration institution on the facts of the case; 6.

Appraisal opinions refer to the scientific judgment opinions made by appraisal departments after using specialized knowledge to conduct research on specialized issues. Precautions: 1. If the evidence involves the type of evidence of audio-visual materials, such as audio recording evidence, in addition to the audio recording CD, it is also necessary to submit the written materials of the recording, and the written materials must be truthfully recorded according to the recording situation, indicating the basic elements such as the situation of the parties and the recording time in the recording materials.

2. If the evidence contains the testimony of witnesses and the witnesses have been notified to attend the hearing, a written application for the witness to appear in court to testify shall also be submitted to the arbitral tribunal, which shall state the basic information of the witness appearing in court and the purpose of the witness to appear in court, and a copy of the witness's ID card shall also be attached. 3. The evidence submitted to the arbitral tribunal is a photocopy, and the photocopy must be checked with the original. 4. When electronic evidence is involved, if necessary, a notarized legal document issued by the relevant notary department or an operation demonstration can be submitted in court.

The application for arbitration in the second paragraph of Article 28 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China shall specify the following items: (1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person; (2) the claim for arbitration and the facts and reasons on which it is based; (3) Evidence and evidence**, names and addresses of witnesses.

Generally speaking, in China, what are the evidence required to apply for labor arbitrationWorkers need to provide evidence to prove their claims or the facts of the case through legal channels such as labor security supervision, labor dispute arbitration, and administrative reconsideration to protect their legitimate rights and interests, or to apply for work-related injury identification, occupational disease diagnosis and appraisal, etc. If the employee cannot provide relevant evidence, his or her rights and interests may be affected. Therefore, workers should pay attention to retaining relevant evidence in their daily work.

Key evidence includes:

1. Evidence of the employer, such as the labor contract signed with the employer or the proof of the existence of a de facto labor relationship with the employer, salary slips, receipts of the deposit collected by the employer when signing the labor contract, notice of termination or termination of the labor relationship by the employer, attendance records, etc.

2. Evidence of other subjects, such as the fee receipts of employment intermediaries.

3. Evidence from relevant social institutions, such as medical diagnosis certificate or occupational disease diagnosis certificate or occupational disease diagnosis certificate, occupational disease diagnosis and appraisal certificate, post office receipt for sending reporting materials to the labor and social security administrative department, etc.

4. Evidence from the labor and social security department, such as the notice of the labor and social security department informing the complaint acceptance result or the investigation result. In addition, Article 19 of the Regulations on Work-related Injury Insurance stipulates that if an employee or his or her immediate family member believes that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

2. How to calculate the statute of limitations for labor arbitration is 1 year. According to the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, the provisions on suspension and interruption may also apply to the period of application for labor arbitration, so that the period for applying for labor arbitration can be extended.

1. If the parties to the suspension can prove that they are unable to apply for arbitration due to force majeure or other objective reasons during the period of applying for arbitration, the people's court shall determine that the period of applying for arbitration has been suspended, and the period of applying for arbitration shall be counted consecutively from the day after the reason for the suspension is extinguished.

2. If the interrupted party can prove that there are any of the following circumstances during the period of applying for arbitration, the court shall determine that the period of application for arbitration has been interrupted:

1) assert rights against the opposing party;

2) Request for rights and remedies from the relevant authorities;

3) The other party agrees to perform its obligations. If the period for applying for arbitration is interrupted, the period for applying for arbitration shall be recalculated from the time when the other party expressly refuses to perform its obligations, or when the relevant department makes a decision or expressly states that it will not handle the case.

The evidence required for arbitration is as follows:

1. Wage payment vouchers or records, and records of payment of various social insurance premiums;

2. Work permits, service certificates and other documents that can prove the identity issued by the employer to the employee;

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

4. Attendance records.

The process of labor arbitration is as follows:

1. Apply for arbitration within one year after the dispute arises and submit an arbitration claim;

2. The arbitration commission shall make a decision on whether to accept the complaint within five days from the date of receipt of the complaint;

3. The arbitral tribunal shall notify both parties in writing five days in advance;

4. Clear request, defense, investigation of facts, presentation of evidence and cross-examination, debate, and statement;

5. Mediation; 6. If mediation fails, the award will be made;

7. Appeal against the ruling.

Legal basisArticle 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

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 vain and shall be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the employment relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.