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Attentions for adducing evidence in labor dispute litigation cases

  • Categories:NEWS
  • Author:
  • Origin:恒理律师事务所
  • Time of issue:2021-02-02 00:00

(Summary description)Disputes arising from the usage period and contract term
Provide evidence of illegal extension of probationary period. Evidence that the employer or the laborer changes the contract term without reason and the employer rescinds the contract.

Attentions for adducing evidence in labor dispute litigation cases

(Summary description)Disputes arising from the usage period and contract term
Provide evidence of illegal extension of probationary period. Evidence that the employer or the laborer changes the contract term without reason and the employer rescinds the contract.

  • Categories:NEWS
  • Author:
  • Origin:恒理律师事务所
  • Time of issue:2021-02-02 00:00
  • Views:
Information

 

The plaintiff and defendant of a labor dispute case shall provide the following evidence materials:
1、 The employer submits its legal person qualification certificate: the identity certificate of the legal representative;
2、 If it is necessary to entrust others to represent the litigation, submit a power of attorney;
3、 Contract workers, providing labor contracts between workers and employers; Regular workers, temporary workers, seasonal workers and farmers' rotation workers shall provide proof of the relationship between the workers and the employing unit.
4、 The award of the labor dispute arbitration committee, or the notice of inadmissibility of cases beyond the time limit for labor dispute arbitration.
5、 The factual basis of the labor dispute (including how the labor dispute occurred, the content of the dispute, and all evidence materials that can prove the situation of the labor dispute case).
6、 The employer provides the legal basis for resolving disputes. The name of the laws, administrative laws, local regulations, and referenced rules and the applicable articles, paragraphs, items, and items, if the basis is the internal regulations of the unit, the original and copy of the regulations shall be provided.
Annex I. Dismissal of disputes
1. Dismissal decision;
2. Evidence of the wrong facts of the expelled person;
3. Evidence of dismissal procedures (opinions of the person in charge of the enterprise, the discussion and decision of the workers' congress, the opinions of the labor union, and the evidence of whether to notify the employee in writing).
Annex II. Delisting Dispute
1. Delisting decision;
2. The factual basis of absenteeism and the original attendance records of the workers;
3. Evidences of the delisting procedure (discussion at the workers' congress, opinions of the labor union and whether to notify the employee in writing);
Annex III Dismissal Dispute
1. Dismissal handling decision;
2. The factual basis of the dismissed person's violation of discipline;
3. Evidence materials on dismissal procedures (opinions of the labor union, review records of the workers' congress, and whether to issue the Dismissal Certificate)
Annex IV Resignation Dispute
1. Application for resignation;
2. The approval procedures and the decision on whether to approve the resignation;
Annex 5. Dispute over automatic resignation
1. The factual basis for voluntary resignation;
2. Automatic resignation approval procedures and handling decision;
Annex VI Labor Remuneration Dispute
1. The wage payment standard issued by the labor and capital department of the employer (determine the wage standard and wage form);
2. The factual basis for whether the salary is actually paid, deducted or delayed;
3. For directly accepting and claiming labor compensation disputes, the employment relationship certificate and the labor contract of both parties shall be provided (if there is no contract, the amount of labor paid and the evidence of compensation calculation shall be provided).
Annex VII Dispute over the performance of labor contract
1. Disputes arising from work content
Provide evidence to measure the quantity and quality standards of labor services and unfinished indicators and tasks.
2. Disputes arising from the usage period and contract term
Provide evidence of illegal extension of probationary period. Evidence that the employer or the laborer changes the contract term without reason and the employer rescinds the contract.

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