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If a laborer disputes a labor contract, it may be arbitrated through the Labor Dispute Arbitration Committee. In the process of arbitration, the parties need to provide an effective list of labor dispute arbitration evidence to support their views. Next, Bian Xiao will briefly explain the contents of the labor dispute arbitration evidence list, hoping to help you.
First, the rules of proof of labor dispute arbitration
The evidential materials provided by the parties are the main basis for identifying the labor rights and obligations of the parties to the labor dispute and the facts of the labor dispute.
1. It is the responsibility of the parties to provide evidence to prove the facts on which their arbitration request is based or to refute the facts of the other party's arbitration request. If there is no evidence or the evidence is insufficient to prove the facts identified by the parties, the parties with the burden of proof shall bear the adverse consequences.
2. The parties have the responsibility to provide evidence for their claims. However, the employer shall bear the burden of proof in the following cases: 1. The labor contract is dissolved, dissolved or terminated by the employer; 2. Decisions such as reducing labor remuneration and calculating working years; 3. A labor dispute arises because the employer fails to pay labor remuneration to the employee according to the labor contract, refuses to pay social insurance premiums according to law or provides working conditions, resulting in the employee proposing to terminate the labor contract; 4. Other circumstances stipulated by laws and regulations.
3. The labor dispute arbitration commission may designate the parties to bear the burden of proof according to the specific circumstances of the case.
4. Evidence includes documentary evidence, physical evidence, audio-visual materials, witness testimony, statements of the parties, expert conclusions, records of inspection, etc. , directly or indirectly related to labor disputes. Evidence should be legally obtained and can objectively prove relevant facts.
5. When the parties provide evidence to the labor dispute arbitration committee, they shall provide originals or originals, but if there is evidence that the originals or originals are kept by the other party, or it can be inferred from the provisions of laws and regulations and the rules of daily life experience that the originals and originals should be kept by the other party, they may provide copies or duplicates.
6. If the parties provide foreign documentary evidence or foreign materials as evidence to the labor dispute arbitration committee, they shall attach a Chinese translation translated by a qualified translation company.
7. The parties shall submit evidence in duplicate, number the evidence materials one by one and list the evidence.
8. The parties shall submit evidence materials in time. Failing to submit evidence materials within the time limit shall be deemed as giving up the right of proof.
9. If the Arbitration Commission deems it necessary to supplement evidence according to the needs of the case, both parties shall actively cooperate.
10. For complex and difficult cases with more evidence, or with the consent of the parties, the labor dispute arbitration commission may organize the parties to exchange evidence before the court session. The exchange of evidence is generally not more than two times.
1 1. The time and form of exchanging evidence may be agreed upon by the parties through consultation and approved by the labor dispute arbitration commission, or designated by the labor dispute arbitration commission.
Second, the labor dispute arbitration evidence list
1, voucher basis
Law on mediation and arbitration of labor disputes
Article 28 When applying for arbitration, the applicant shall submit an application for arbitration, and submit copies according to the number of respondents.
The application for arbitration shall contain the following items:
(a) the name, sex, age, occupation, work unit and domicile of the laborer, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;
(2) The arbitration claim and the facts and reasons on which it is based;
(3) Evidence and its sources, names and residences of witnesses.
Provisions of the Supreme People's Court on Evidence in Civil Procedure
Article 14 The parties shall classify and number the submitted evidence materials one by one, briefly explain the sources, objects and contents of the evidence materials, sign and seal them, indicate the date of submission, and submit copies according to the number of other parties.
2, the scope of use of the file and the problems to be solved
This document is a format document for the parties to list and submit evidence materials.
3, document filling requirements and matters needing attention
(1) The parties shall classify and number the evidence materials submitted by them one by one.
(2) The parties shall summarize the names and contents of the evidence provided by them, and the summary contents shall be consistent with the actual evidence provided by them and correspond to the number of pages.
(3) The parties who submit evidence materials shall sign the author's name and indicate the time of submission.
(4) The parties shall submit a list of evidence and copies of evidence materials according to the number of the other parties.
In the process of arbitrating contract disputes, the labor dispute arbitration evidence list provided by the parties is the main basis for determining the labor rights and obligations of the parties to the labor dispute and the facts of the labor dispute. When listing the evidence of labor dispute arbitration, the parties need to list the evidence one by one and attach the evidence basis.