Labor dispute arbitration evidence, refers to the arbitration process of labor disputes, the factual materials that can legally prove the true situation of the dispute case. Labor dispute arbitration evidence has the following kinds: (a) audio-visual materials refers to the use of modern technical means, with audio and video recordings, the sound and image reflected in the electronic computer stored information and other scientific and technological equipment to provide information to prove the true situation of the dispute case evidence. Such as on-site photos, conversation recordings, surveillance video of the labor place, cell phone text messages, e-mail, etc.. (ii) Witness testimony is the statement made by the witness to the Labor Dispute Arbitration Committee on the circumstances of the dispute case as perceived by the witness. For example, the testimony of other laborers present. (iii) Statement of the parties refers to the statement made by the parties to a labor dispute to the Labor Dispute Arbitration Committee on the facts related to the disputed case as known, understood and remembered by the parties to the labor dispute. Including the party's "statement of the facts of the case" and "statement of the claim". Mainly embodied in the statement of claim, statement of defense, trial transcript, proxy statement. (d) documentary evidence refers to the use of words, symbols, charts and other forms of expression of certain ideas or behavior, the content of which can prove the real situation of the disputed case. For example, the text of labor contract, training agreement, confidentiality agreement, certificate of termination of labor relationship, payroll (wage folders), attendance sheets, deposit receipts, household registration certificates, medical vouchers and so on. (e) Physical evidence refers to physical objects and traces that prove the facts of the disputed case by their external characteristics, places of existence and material properties. Physical evidence includes physical objects (with the facts of the disputed case has a connection with the objective real thing) and traces (object interaction produced by the imprint and the trajectory produced by the movement of the object) two categories. Such as labor sites, labor (protective) tools that do not meet national safety and health standards. (F) appraisal is based on the scientific knowledge of the appraiser in the case of the relevant specialization of the controversial issues made by the analysis, identification and judgment. Such as the conclusion of the work injury, labor capacity appraisal conclusion, notarized documents, workers (suspected) illegal and criminal conclusion, audit assessment report, medical diagnosis. (VII) survey transcript refers to the labor dispute arbitration committee in order to find out the facts of the case, the survey personnel assigned to the scene, items or objects related to the dispute case for inspection, photographs, measurements, and will be made of the situation and results of the survey transcript. Such as the investigation of the labor place to make a transcript. Related knowledge of the scope of labor arbitration, including the following labor disputes between employers and workers within the territory of the People's Republic of China *** and the following labor disputes: (a) between enterprises, individual economic organizations, private non-enterprise units and other organizations and workers, as well as organs, institutions, social organizations and their establishment of a labor relationship between the workers for the confirmation of the labor relationship, to enter into, perform, change, terminate and terminate the labor contract, working hours, rest and leave. labor contracts, working hours, rest and leave, social insurance, welfare, training and labor protection, labor remuneration, medical fees for work-related injuries, economic compensation or indemnity, and other disputes. (ii) Disputes arising from the fulfillment of employment contracts between an organ implementing the Civil Service Law and a civil servant under an appointment system, or between an organ (unit) administered under the Civil Service Law with reference to the Civil Service Law and a staff member under an appointment. (iii) Disputes between an institution and a staff member arising from the termination of personnel relationship such as removal, dismissal, resignation, or separation, as well as the fulfillment of the employment contract; (iv) Disputes between a social organization and a staff member arising from the termination of personnel relationship such as removal, dismissal, resignation, or separation, as well as the fulfillment of the employment contract; (v) Disputes between a unit that employs civilian personnel of the armed forces and a civilian staff member arising from the fulfillment of the employment contract; and (vi) (f) other disputes stipulated by laws and regulations to be handled by the Arbitration Commission. Disputes between state organs and their civil servants, and between public organizations and social organizations and their regular employees are personnel disputes, not labor disputes, and therefore do not fall within the scope of labor arbitration. Disputes between state organs, public organizations and social organizations and their staff and other personnel who have established labor relations are labor disputes if they meet the above conditions. Disputes between an enterprise management organization and its employees are also labor disputes if they meet the above criteria.
Legal Objective:Article 6 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes states that in the event of a labor dispute, the parties concerned shall have the responsibility to provide evidence of their claims. Where the evidence relating to the matter in dispute is in the possession and management of the employer, the employer shall provide it; where the employer fails to do so, it shall bear the adverse consequences. ", "service card" and other documents that can prove identity; (d) attendance records; (e) testimony of other workers.