Do labor arbitration WeChat chat records count as evidence?

Labor arbitration WeChat chat record counts as evidence.

Chat record belongs to a kind of electronic data. Electronic data is a legal type of evidence. Judicial interpretation further clarifies that electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, mobile phone short messages, electronic signatures, domain names, etc. As evidence, if you want the court's approval and support, you must complete the following certificates:

1. It must be confirmed that the users of WeChat are both parties. The parties submit WeChat evidence to the court, but it cannot prove that the party using WeChat is a party to this case, which does not meet the subject conditions in principle;

2. Ensure the legality of ways and means to obtain WeChat chat records. Obtaining evidence by illegal means, such as illegal search and illegal seizure, can not be supported by the court;

3. True and complete WeChat evidence must be provided, the relevance between WeChat evidence and other evidence must be guaranteed, and a complete evidence chain must be formed. In litigation cases, if you want to get the judge's approval and support for the evidence, you must ensure that the evidence is true, legal and relevant.

legal ground

People's Republic of China (PRC) labor dispute mediation and arbitration law

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.

If it is really difficult to write an arbitration application, you can apply orally, which will be recorded by the labor dispute arbitration Committee and informed to the other party. Article 39 If the evidence provided by the parties is verified, the arbitration tribunal shall take it as the basis for ascertaining the facts.

If the laborer is unable to provide the evidence related to the arbitration request controlled and managed by the employer, the arbitration tribunal may require the employer to provide it within a specified time limit. If the employer fails to provide it within the prescribed time limit, it shall bear the adverse consequences.