Joke Collection Website - Mood Talk - What evidence do I need to collect when applying for labor arbitration? The boss said she had a boss. How can migrant workers without any background like us protect their legitimate rights and interes
What evidence do I need to collect when applying for labor arbitration? The boss said she had a boss. How can migrant workers without any background like us protect their legitimate rights and interes
2. The evidence to be collected in labor arbitration is mainly determined according to the request of labor arbitration. Generally, whoever advocates who gives evidence, and the evidence involving affiliation, shall be given by the employer;
3. The legal basis is the Law on Mediation and Arbitration of Labor Disputes.
Article 6 In the event of a labor dispute, 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.
Article 17 The parties have the responsibility to provide evidence of their own 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.
Article 18 If there is no specific provision in the law and the burden of proof cannot be determined according to the provisions of Article 17 of these Rules, the arbitration tribunal may determine the burden of proof based on the principles of fairness, good faith and comprehensive consideration of the parties' ability to provide evidence.
Article 19 The party with the burden of proof shall provide relevant evidence within the time limit specified by the Arbitration Commission. If the parties fail to provide it within the prescribed time limit, they shall bear the adverse consequences.
Article 20 The arbitration commission may, at the request of the parties, collect evidence that the parties cannot collect by themselves due to objective reasons with reference to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC); If the Arbitration Commission deems it necessary, it may also decide to collect the fees with reference to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC).
Article 21 When the Arbitration Commission investigates and collects evidence according to law, relevant organizations and individuals shall assist and cooperate.
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