The attendance records required for arbitration shall be obtained by the workers themselves and proved with attendance signatures or nailed card records. If the attendance records are controlled and managed by the employer, the employer shall provide them; If the employer fails to provide, it shall bear the adverse consequences.
According to Article 6 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China
In case of a labor dispute, the parties concerned shall have the responsibility to provide evidence for their claims. If the evidence related to the disputed matters is under the control of the Employer, the Employer shall provide it; If the employer fails to provide, it shall bear the adverse consequences.
Article 39
If the evidence provided by the parties is verified to be true, the arbitration tribunal shall take it as the basis for ascertaining the facts.
If the laborer is unable to provide the evidence related to the arbitration claim that is held and managed by the employer, the arbitration tribunal may require the employer to provide it within the specified time limit. If the employer fails to provide within the specified time limit, it shall bear the adverse consequences.
Legal basis
Article 6 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, in case of a labor dispute, the parties concerned shall be responsible for providing evidence for their claims. If the evidence related to the disputed matters is under the control of the Employer, the Employer shall provide it; If the employer fails to provide, it shall bear the adverse consequences.
Article 39 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, if the evidence provided by the parties is verified to be true, the arbitration tribunal shall take it as the basis for ascertaining the facts.
If the laborer is unable to provide the evidence related to the arbitration claim that is held and managed by the employer, the arbitration tribunal may require the employer to provide it within the specified time limit. If the employer fails to provide within the specified time limit, it shall bear the adverse consequences.