Labor Arbitration Evidence Gathering in China

Introduction Labor arbitration, a key mechanism for resolving labor disputes in China, relies heavily on the availability and quality of evidence presented by both parties. Effective evidence gathering is crucial for protecting the rights of workers and ensuring fairness in arbitration proceedings.

Types of Evidence Under Article 33 of the Labor Dispute Mediation and Arbitration Act, acceptable evidence includes:

Documentary evidence: Contracts, pay stubs, performance appraisals, disciplinary notices Physical evidence: Tools, equipment, electronic devices Witness testimony: Statements from individuals with knowledge of the dispute Expert testimony: Opinions from qualified experts in relevant fields (e.g., medicine, accounting)

Burden of Proof In most cases, the burden of proof lies with the party who makes a claim or defense. However, in certain situations, such as discrimination or unfair dismissal, the employer may bear the burden of proving that their actions were justified.

Evidence Collection Methods Parties can gather evidence through various means:

Document requests: Subpoenaing documents from the employer or other third parties Witness interviews: Interviewing employees, supervisors, or external witnesses Physical inspections: Examining the workplace, equipment, or other relevant items Expert consultations: Hiring experts to provide opinions or conduct independent examinations

Authentication of Evidence To be admissible in arbitration, evidence must be authenticated to establish its authenticity. This can be done through:

Witness testimony verifying the origin and creation of the evidence Expert authentication for technical or complex evidence Official seals or signatures for official documents

Challenges in Evidence Gathering Gathering evidence in labor arbitration can present challenges, including:

Access to employer records: Employers may resist disclosing sensitive information Witness reluctance: Employees or witnesses may hesitate to testify due to fear of retaliation Technical complexity: Some cases require specialized knowledge or technical analysis Time constraints: Arbitration deadlines can limit the time available for evidence gathering

Importance of Evidence Preservation Preserving evidence is essential to prevent its loss or destruction. Parties should:

Make copies of all relevant documents Secure electronic evidence by downloading it or preserving the device Store evidence in a safe and secure location

Conclusion Effective evidence gathering is a fundamental aspect of labor arbitration in China. By understanding the types of evidence, burden of proof, evidence collection methods, authentication requirements, and challenges involved, parties can effectively present their cases and ensure a fair outcome.