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The strongest evidence of labor arbitration
1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums.
2) The "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 filled in by the worker.
4) Attendance records.
Legal basis:
Article 27 of the Law of the People's Republic of China 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.
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The most powerful evidence in labor arbitration is to prove the existence of an employment relationship, and labor arbitration requires evidence that the employer and the applicant have an employment relationship, which can be regarded as evidence.
Evidence to be prepared by the applicant applying for labor arbitration:
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 employee issued by the employer;
3) Recruitment records such as the "registration form" and "registration form" filled in by the employee;
4) Attendance records;
5) Testimony of other workers, etc.
Application & Acceptance:2. The name and address of the respondent, as well as the name and position of the legal representative or the main person in charge;
3. The facts of the dispute, the applicant's claims and reasons, etc.;
Upon receipt of the application, the arbitration commission shall examine and make a decision on whether to accept the application within seven days.
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More effective evidence for applying for labor arbitration: (1) wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; 2) The "work permit", "service certificate" and other documents issued by the employer to the worker that can prove the identity. (3) Recruitment records such as "registration forms" and "registration forms" filled in by the laborers for recruitment of the company; 4) Attendance records. (5) Testimony of other workers, etc. According to the provisions of the relevant laws, in the event of a labor dispute, the parties have the responsibility 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.
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The most powerful stupid evidence in labor arbitration: the contract is a kind of labor evidence, in addition to the work card, salary card, work clothes and other related physical materials that can be used as labor evidence during the litigation period, and the specific labor evidence refers to the materials used to prove that the employee works in the employer, such as work permit, work clothes, salary card, wage income certificate, etc. It is an important piece of evidence to confirm the existence of an employment relationship between the parties.
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Evidence of a more effective application for labor arbitration:
1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums.
2) The "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" filled in by the worker;
4) Attendance records.
(5) Testimony of other workers, etc.
If the applicant can provide the above-mentioned supporting materials, he or she should try to provide them as much as possible, and if there is no one, it will not be accepted. When the applicant submits the application materials, the original and the photocopy shall be attached, and the original shall be returned after the trial.
What materials are required to apply for labor arbitration?
(1) Application for Arbitration. The claimant shall, in accordance with the regulations, fill in the Application for Arbitration truthfully and accurately, in triplicate, two of which shall be submitted to the Arbitration Commission by the claimant himself or his commissioner, and one copy shall be retained by the claimant.
2) Proof of identity.
3) Relevant materials that can prove the existence of an employment relationship with the respondent's grandson.
4) When the claimant applies for labor arbitration, if the arbitration commission requires the claimant to submit relevant materials that can prove the identity of the respondent according to the needs of case filing and review, the claimant shall submit them.
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1. Labor arbitration generally requires the submission of the following evidence:
1. Proof of the employee's employment: such as "Employment Registration Form", "Employment Letter", 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., "Wage slip", "Bank Punch Record", etc.
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5. Proof of the specific working hours of the worker: such as "attendance sheet", "attendance record", etc.
6. Information on the resignation of the employee: such as "Resignation Handover Form", "Dismissal Letter", "Resignation Application", etc.
2. The law stipulates that the employer must provide some evidence of Qi Raid, and if the employer fails to provide it, it will bear adverse consequences
1、.In the case of confirmation of labor relationship disputes, the employer bears the following burden of proof: wage payment vouchers or records (employee payroll roster), records of payment of various social and senior brotherhood insurance premiums, and employment records and attendance records filled in by the employer such as the "registration form" and "registration form" filled in by the employee.
2、.The burden of proof shall be borne by the employer in the event of a labor dispute arising from a decision made by the employer to dismiss, dismiss, dismiss, terminate the labor contract, reduce labor remuneration, etc.
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