[Direct answer]For small and medium-sized enterprises without full-time legal staff, they can handle labor arbitration cases through external legal consultants or lawyers hired on a special basis. Practical approaches include: first, promptly engaging lawyers familiar with labor disputes to assess the risk of the arbitration award and formulate a defense plan; second, systematically organizing evidence such as labor contracts, attendance records, salary payments, and company rules; third, strictly adhering to the deadlines for defense and evidence presentation to avoid procedural rights being forfeited; fourth, simultaneously evaluating mediation proposals to control costs; and fifth, taking the opportunity to improve labor compliance to prevent similar disputes from recurring. According to the relevant provisions of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), the employer bears the burden of proof for the legality of the termination, making evidence preparation particularly crucial. The labor arbitration procedures in Beijing are well-regulated, and professional support can significantly reduce the difficulty of handling such cases.

1. Problem background and typical scenarios

There are typically three common scenarios: First, the enterprise is small in scale and has few employees, and it does not establish standardized employment files on a regular basis; Second, it only responds hastily after receiving the arbitration notice, and the evidence is scattered across various departments or has even been lost; Third, it is not familiar with the procedures and deadlines, missing the opportunity to defend or provide evidence. In such situations, the intervention of external lawyers can play a role in organizing evidence and controlling the process, avoiding expanding losses due to procedural negligence. In addition, the enterprise should appoint an internal liaison person to collect materials in a unified manner, reducing the inconsistencies in information caused by multiple responses.

Based on the general circumstances of similar cases, it is necessary to pay attention to basic evidence such as attendance, salary, and job responsibilities, and require the employer to bear the burden of proof for the basis of the disciplinary action. When necessary, you can entrust a professional lawyer to intervene to avoid losing a favorable position due to procedural or statute of limitations issues.

II. Key points of contention

The difficulties are concentrated in four aspects: Firstly, the evidence is scattered and incomplete, and it is necessary to quickly collect and strengthen it; Secondly, the burden of proof lies mainly with the employer, especially in disputes over termination and attendance; Thirdly, the procedural deadlines are strict, and failure to meet the deadlines may lead to adverse consequences; Fourthly, it is necessary to balance cost control with the expected outcome, and to evaluate the trade-offs between litigation and mediation. In addition, enterprises should also simultaneously supplement the labor contracts and attendance materials while advancing the arbitration process, so as to avoid similar problems being exposed repeatedly in subsequent cases.

The essence of such disputes lies in paying attention to the arbitration statute of limitations, the allocation of the burden of proof, and the calculation criteria for compensation items, so as to avoid diminishing substantive rights due to procedural issues. When necessary, professional lawyers can be engaged to avoid losing favorable positions due to procedural or statute of limitations issues.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a dispute case in which multiple workers were unilaterally dismissed from their labor contracts. In August 2025, A Company issued "Notices of Termination of Labor Relationship" to 12 employees, including Zhang Li, Hu Fei, and Liu Gang, on the grounds that it had found irregularities in the recruitment procedures during inspections. These employees had been providing labor, accepting management, and receiving salaries during their employment, and some of them had even renewed their labor contracts with the company. After accepting the case, Attorney Feng Na quickly reviewed the labor contracts, employment and renewal documents, and salary payment records, and pointed out the following: First, the labor relationship is established from the date of employment. A written labor contract becomes effective upon signing and stamping by both parties, and human resources and social security filing is not a prerequisite for the contract's effectiveness. Second, renewal of the contract is subject to the principle of mutual consent. Whether internal approval is required is a company management process and cannot be used to oppose workers. Third, irregularities in inspection and rectification or recruitment procedures do not constitute statutory grounds for unilateral termination. Fourth, according to Article 48 of the Labor Contract Law, if the worker requests continued performance and the contract can still be performed, the employer shall continue to perform the contract. After going through arbitration, first-instance, and second-instance litigation, the court ruled that the termination was illegal, revoked the termination decision, and ordered the employer to continue performing the labor contract. This case shows that even if there are flaws in a company's internal management, they should be handled through legal procedures and cannot be used to evade statutory termination conditions. This case was handled by Beijing Henglue Law Firm.Feng NaThe lawyer (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, immediately appoint a lawyer after receiving the arbitration materials and clarify the deadlines for defense and evidence presentation; Second, quickly collect evidence such as labor contracts, attendance records, salary records, and signed regulations; Third, evaluate the risk of the arbitration award and estimate the amount that may be required to pay; Fourth, simultaneously prepare a mediation plan and strive to resolve the dispute at a reasonable cost; Fifth, retroactively complete the employment system and conduct compliance training. For matters involving external legal counsel services, you may refer to the following for reference:Intellectual property protection and corporate lawFor those involved in salary and contract management, you can learn more about it.Business and contract disputes in enterprisesLegal basis: Articles 10, 39, 48, and 82 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012). The specific application shall be subject to the currently effective laws, regulations, and judicial decisions.

5. Henglu Law Firm's Reminder

Firstly, the absence of legal counsel does not mean that one cannot respond to legal challenges. Timely hiring a professional lawyer is a viable option. Secondly, evidence and deadlines are the lifeline of litigation. Never miss the opportunity to defend yourself due to procedural negligence. Thirdly, mediation can often reduce costs and uncertainties, and it should be rationally evaluated. Fourthly, it's important to address compliance issues after the fact to prevent similar disputes from recurring. This can be achieved through measures such asLabor arbitration and work-related injury compensationThe column introduces the normal compliance arrangements. Fifthly, establishing an employment record and updating it monthly can significantly reduce the difficulty of providing evidence in the event of a dispute.

Therefore, it is recommended that the parties involved should pay attention to three aspects: the confirmation of the labor relationship, the validity of the rules and regulations, and the legality of the termination procedure. Any flaw in any of these aspects may affect the outcome. It is usually more effective to fix the evidence and clarify the claims in advance than to make up for it afterwards.

VI. Frequently Asked Questions

Q1: Can't I handle the arbitration by myself without legal assistance?

It's possible, but it's not recommended to handle it entirely on your own. Labor arbitration involves the burden of proof, deadlines, and procedural rules. If a company lacks experience, it's easy to lose points in terms of evidence organization and procedures. Hiring a professional lawyer or an external legal consultant can usually improve the quality of responses and control risks at a lower cost.

Q2: When should I hire a lawyer?

It is recommended to appoint a lawyer as soon as possible after receiving the arbitration application materials, and it is best to complete the process before the deadline for responding and providing evidence. The earlier you get involved, the more time you will have to sort out the evidence, assess the risks, and design response or mediation plans. If you wait until before the trial to appoint a lawyer, you may be at a disadvantage due to insufficient preparation.

Q3: What materials should be prepared for responding to a lawsuit?

These usually include labor contracts and supplementary agreements, employee rosters, attendance and leave records, payroll records, rules and regulations, and materials for publicizing and signing receipts, notifications of termination or disciplinary action, communication records, etc. The materials should be sorted according to the focus of the dispute, forming a complete chain of evidence and compiling an evidence catalog.

Q4: How can small and medium-sized enterprises save money to cope with the situation?

Costs can be controlled by hiring a full-time legal advisor or commissioning specific cases on an ad hoc basis, and prioritizing mediation to reduce litigation expenses. Standardizing contract, attendance, and system management on a daily basis is itself the most economical form of risk prevention. After a dispute arises, focus resources on addressing the key points of the dispute.

Q5: How to prevent it from happening again after dealing with it?

The issues exposed by the loss of the lawsuit or the dispute should be rectified, such as signing labor contracts retroactively, improving attendance and salary records, establishing systems through democratic procedures and making them public for acceptance, standardizing the dismissal process and fixing evidence. It is recommended to establish an annual labor compliance check, and if necessary, have external consultants review it regularly.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limits.Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.