The labor dispute arbitration commission shall implement the system of arbitrators and arbitration tribunals in handling cases. Under the auspices of the arbitrator (appointed by the Arbitration Commission or selected by the parties), the parties conduct investigation, understanding, cross-examination, debate and mediation on the facts of the case in the legal and closed place of the arbitration tribunal. The Arbitration Commission shall, according to the facts investigated by the arbitration tribunal, apply the law and make an award.
When the laborer conducts labor arbitration, the laborer usually gives evidence.
The evidence is as follows:
(1) Distribution of burden of proof.
The parties have the responsibility to provide evidence for their claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it; If the employer fails to provide it, it shall bear the adverse consequences. The employer shall bear the burden of proof for labor disputes arising from the employer's decision to terminate the labor contract, pay labor remuneration and calculate the working years of the workers.
(2) Consequences of failure to provide evidence.
The parties have the responsibility to provide evidence to prove the facts on which their arbitration claim is based or to refute the facts on which the other party's arbitration claim is based. 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.
(3) Time limit for proof.
The proof of the parties shall be completed before the first hearing or within the time limit specified by the arbitration tribunal. If it is not submitted within the time limit, it shall be deemed as giving up the right of proof. If the parties submit evidence materials within the time limit, no cross-examination will be organized, unless the other party agrees to cross-examination.
The applicant shall add or change the arbitration request before the first hearing, and the respondent shall file a counterclaim within the defense period and re-specify the time limit for adducing evidence; After the first trial debate, the applicant adds or changes the arbitration request, and if the respondent files a counterclaim after the expiration of the defense period, it shall file a separate request and handle it separately.
(4) the form of evidence.
When providing evidence, the parties shall provide the original or the original. The parties shall classify and number the evidence materials submitted by them one by one, briefly explain the source, object and content of the evidence materials, sign and seal them, indicate the date of submission, and submit copies according to the number of the other parties. Providing documentary evidence or explanatory materials in foreign languages shall be accompanied by a Chinese translation.
A witness shall testify in court and be questioned by the arbitration tribunal and the parties, and the witness shall not sit in on the hearing of the arbitration tribunal. After the trial, the parties shall provide a copy of the evidence and submit it to the arbitration tribunal for filing.
Extended data:
Relevant laws and regulations:
Law on mediation and arbitration of labor disputes
Article 24 A party may entrust an agent to participate in arbitration activities. To entrust others to participate in arbitration activities, a power of attorney signed or sealed by the client shall be submitted to the labor dispute arbitration commission, and the power of attorney shall specify the entrusted matters and authority.
Article 38 The parties have the right to conduct cross-examination and debate in the process of arbitration. After the cross-examination and debate, the presiding arbitrator or the sole arbitrator shall consult the final opinions of the parties.
References:
Baidu Encyclopedia-Labor Dispute Mediation and Arbitration Law