What evidence do I need to prepare when applying for labor arbitration?

Hello! Judging from what you have reflected, although you have signed an indefinite labor contract with this private enterprise, since the employer is in arrears of your wages and has illegally restricted your personal freedom, it is recommended that you exercise the employee's right to unilaterally terminate the labor contract at any time in accordance with Article 32 of the Labor Law, notify the employer in writing to terminate the labor contract, and request the employer to give economic compensation.

If you decide to do so, hurry up. At the same time as notifying the unit in writing, you can apply to the labor dispute arbitration commission where the enterprise is located for labor arbitration.

1. If I submit a written resignation application and apply for labor arbitration at the same time, do I need to prepare any evidence? Our employer pays wages in cash, and I need to provide evidence on the grounds that I am in arrears of wages, that is, to prove that I have not received my wages? Or do I have it up to the respondent to present evidence at the time of the lawsuit and show proof that I have received my wages?

Because the scale of the unit is too small, the company may cheat financially, resulting in signs that the salary has been paid, and it is not very difficult for the unit to falsify, so I would like to ask, do I need to prove it myself? ）

4. I have not yet presented a written resignation letter, but I am asking for sick leave (the company refuses to accept my sick leave express, and the express company has returned the sick leave note) and is in **, the time is one month, I want to negotiate to terminate the contract, but the company must I sign the disposition decision before agreeing to terminate the contract, but this disposition decision has no evidence to prove that I have those bad circumstances, in this case, how much compensation can I apply for arbitration? What is the name of this indemnity? How is the amount calculated?

The company does not agree to negotiate the termination of the labor contract and does not let me go to work, what should I do?

How to prepare relevant materials and evidence to apply for labor arbitration?

The worker shall submit the following evidence to search for missing materials:

1. If the worker claims that the wage standard should be higher than the amount of wages agreed in the labor contract or actually received, the worker shall provide evidence on the wage standard claimed.

2. If the worker claims that the employer has reduced the labor remuneration, he shall provide evidence on the fact that the employer has reduced the labor remuneration.

3. If the worker claims to conclude an indefinite-term labor contract, the worker shall provide evidence that the conditions for the conclusion of an indefinite-term labor contract are established (such as evidence of more than 10 consecutive years of employment in the employer).

4. If the worker claims compensation for work-related injuries, he or she shall provide evidence on the fact of work-related injury, the level of disability and the time of appraisal, the start and end time and expenses of hospitalization for work-related injuries, the proof of consent to transfer to the hospital, the required transportation expenses and accommodation expenses, the period of suspension of work and salary, and the proof and expenses of installing ** appliances.

5. If a female employee claims the right to three periods (pregnancy, childbirth, and lactation), she shall provide evidence on the fact that there is a third period, the start and end time, and whether there is late childbearing, dystocia, receipt of an only child certificate, and other facts that should increase maternity leave.

6. If the labor relationship is established, the relevant evidence materials of the corresponding brand, labor contract, wage receipt (article), social insurance, welfare benefits and work management shall be submitted.

7. If a party claims that the labor contract has been terminated or the de facto labor relationship has been terminated, it shall provide evidence for such claim.

8. Evidence of the basic information of the parties. If the party is a natural person, it shall prove its name, gender, date of birth, ethnicity, place of work, place of household registration, and current place of residence; If the parties are enterprises, individual economic organizations, state organs, public institutions, or social organizations, they shall prove their industrial and commercial registration or legal person registration; If the domicile of the employer is not in the jurisdiction of the court, the relevant evidence of the place of performance of the labor contract shall be submitted in the jurisdiction of the court; If the employer is listed as a party, the number of employees recruited by the employer shall be proved.

9. Other burden of proof that should be borne by the worker in accordance with the law.

Hope it helps. After deciding to apply for labor arbitration, the employee should make all preparations for applying for labor arbitration, such as the preparation of evidence corresponding to the specific labor dispute and the preparation of relevant application materials. In applying for labor arbitration, attention should also be paid to applying within a certain time limit for arbitration and choosing an arbitration institution with jurisdiction, otherwise, adverse legal consequences will be caused to the employee.

In practice, if you have any questions when applying for labor arbitration, it is recommended that you consult a professional labor lawyer for answers.

1. Labor arbitration generally requires the submission of the following evidence:

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" and other imitation sales;

3. Proof of the agreed salary 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 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 some evidence must be provided by the employer, and if the employer fails to provide it, it will bear adverse consequences

1、.In confirming the labor relationship dispute, the employer bears the following burden of proof: the proof or record of the payment of the large round of wages (the payroll of the employee), the record of the payment of various social insurance premiums; Recruitment records such as the "registration form" and "registration form" filled in by the employee; Attendance records.

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.

1. What is the evidence for the determination of the de facto contractual relationship?

The evidence for the determination of the de facto contractual relationship is that, in accordance with Article 2 of the Notice on Matters Concerning the Establishment of Labor Relations, the employer has not signed a labor contract with the employee, and 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 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.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

It is recommended to keep attendance records, work permits, service certificates, payslips, recruitment registration forms, registration forms and other materials as proof of confirming the labor relationship and promptly request the employer to sign the labor contract.

Article 29 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration Article 29 of the Labor Dispute Arbitration Commission shall accept the application within five days from the date of receipt of the arbitration application, if it finds that it meets the conditions for acceptance, 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.

Legal analysis: 1. Labor dispute complaint; 2. The business registration information of the employer; 3. A copy of the worker's ID card; 4. Proof of the existence of labor relationship between the applicant and the respondent. 5. Evidence:

Such as labor contracts or agreements, pay stubs, work badges, clock-in records, witness testimony of colleagues, etc.

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, economic compensation or compensation, etc.;

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

Article 27 The limitation period for applying for arbitration of labor disputes shall be 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 a party claims rights against the other party, or requests 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.