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How to collect labor arbitration evidence


        

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  • 2024-06-17 22:00:56

    1. The labor contract is the most direct evidence to prove the labor relationship. If no labor contract is signed, social security, payroll, resignation certificate, witness testimony, etc. shall be provided; 2. Prove the fact that the employing unit has damaged its rights and interests. This category mainly includes overtime pay, and the employing unit has not paid labor remuneration in full; 3. Employees should strengthen the awareness of obtaining evidence and obtain evidence in time. According to: Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, the following labor disputes between employers and workers within the territory of the People's Republic of China shall apply to this Law: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts; (3) Disputes arising from expulsion, dismissal, resignation and 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; (6) Other labor disputes stipulated by laws and regulations. Article 27 The time limit for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be counted from the date on which the parties knew or should have known that their rights had been infringed. The limitation of time for arbitration prescribed in the preceding paragraph shall be interrupted when one party claims rights from the other party, or requests relief from the relevant department, or the other party agrees to perform its obligations. The limitation period for arbitration shall be recalculated from the time of interruption. If the parties are unable to apply for arbitration within the time limit for arbitration specified in the first paragraph of this Article due to force majeure or other justified reasons, the time limit for arbitration shall be suspended. The limitation period for arbitration shall continue to count from the date when the reason for suspending the limitation period is eliminated. If a dispute arises due to the arrears of labor remuneration during the duration of the labor relationship, the laborer's application for arbitration shall not be subject to the limitation period for arbitration as stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.

    Legal basis

    Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law applies 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, dissolution and termination of labor contracts;
    (3) Disputes arising from expulsion, dismissal, resignation and 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;
    (6) Other labor disputes stipulated by laws and regulations.

    Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, the time limit for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be counted from the date on which the parties knew or should have known that their rights had been infringed.
    The limitation of time for arbitration prescribed in the preceding paragraph shall be interrupted when one party claims rights from the other party, or requests relief from the relevant department, or the other party agrees to perform its obligations. The limitation period for arbitration shall be recalculated from the time of interruption.
    If the parties are unable to apply for arbitration within the time limit for arbitration specified in the first paragraph of this Article due to force majeure or other justified reasons, the time limit for arbitration shall be suspended. The limitation period for arbitration shall continue to count from the date when the reason for suspending the limitation period is eliminated.
    If a dispute arises due to the arrears of labor remuneration during the duration of the labor relationship, the laborer's application for arbitration shall not be subject to the limitation period for arbitration as stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.

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    2024-06-17 22:00:56

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