[Direct answer]When an employee files a labor arbitration, the core evidence focuses on the labor relationship, labor compensation, and the disputed facts. This typically includes: labor contracts, work badges, and attendance records to prove the labor relationship; pay slips, bank statements, and personal income tax records to demonstrate the wage standards and payment situation; clock-in/out records, shift schedules, overtime approval documents, and work communication records to substantiate overtime work; termination or dismissal notices and communication records to establish the disputed facts; as well as social insurance payment records, annual leave records, and company rules and regulations. According to Article 6 of the "Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes" (effective May 1, 2008), evidence related to the disputed matters that are within the employer's control and management shall be provided by the employer; if the employer fails to provide such evidence, they shall bear the adverse consequences. In arbitration practice in the Beijing area, the integrity and consistency of evidence are particularly crucial.

I. Problem background and typical scenarios

There are typically three common scenarios: First, workers lack labor contracts and need to infer the employment relationship based on payroll records and attendance records; Second, they claim overtime pay but lack overtime approval or attendance records; Third, they claim unlawful termination but only have verbal notifications, which require corroboration by other evidence. In such cases, the evidence should be obtained legally and preferably form a mutually corroborating chain of evidence. Additionally, for electronic evidence, the original carriers should be preserved and, if necessary, fixed through notarization or compliant storage platforms.

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 employing unit to bear the burden of proof for the basis of the disciplinary action. Fixing evidence and clarifying claims early is usually more effective than remedying the situation afterwards.

II. Key points of contention

The controversy focuses on four points: Firstly, the proof of labor relations can be provided by various types of evidence, such as wage payments, attendance records, and work arrangements; Secondly, the determination of wage standards and the amount of unpaid wages requires corresponding evidence, such as pay slips, wage statements, and personal income tax records; Thirdly, the burden of proof for overtime work involves the evidence held by the employer, who may be required to provide it; Fourthly, the proof of the facts and reasons for termination of the employment contract is related to whether the request for compensation for unlawful termination can be established. In addition, the conditions for applying for compensation and economic compensation are different, and the claimant should choose the appropriate one according to the circumstances of the termination.

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 of compensation items, so as to avoid reducing the substantive rights due to procedural issues. It is usually more effective to fix the evidence and clarify the claims early rather than to remedy the situation afterwards.

III. Professional analysis by Henglue Lawyers

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, unilaterally terminating their labor contracts on the grounds that the recruitment procedures were found to be irregular 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 guided the employees in collecting and submitting evidence such as labor contracts, salary payment records, attendance and work communication records, and termination notices, arguing that: First, the labor relationship was established from the date of employment, and the written labor contract became effective upon the signing and stamping by both parties. Human resources and social security filing was not a prerequisite for the contract's effectiveness; Second, neither inspection and rectification nor irregular recruitment procedures constituted statutory grounds for unilateral termination; Third, where workers request continued performance and the contract can still be performed, the employer should continue to fulfill its obligations. After going through arbitration, first-instance, and second-instance litigation, the court ruled that the terminations were illegal, revoked the termination decisions, and ordered the continuation of the labor contracts. This case shows that having sufficient evidence is the foundation for asserting rights, and key materials such as termination notices and salary records should be properly preserved. This case was handled by Beijing Henglue Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, fix the labor contract, pay slips, attendance and leave records as soon as possible; Second, keep the written notices and communication records of termination or dismissal; Third, for the evidence held by the employing unit, you can apply to provide it in the arbitration; Fourth, organize the approval of overtime and performance, chat and email records; Fifth, prepare an evidence list and submit it according to the focus of the dispute. For the calculation of overtime pay and annual leave, you can refer to it.Labor arbitration and work-related injury compensationFor those interested in reviewing wage standards and systems, you can learn more about it here.Business and contract disputes in enterprisesLegal basis: Article 6 and Article 27 of the "Mediation and Arbitration Law of Labor Disputes of the People's Republic of China" (effective from May 1, 2008), and Articles 30 and 87 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 rulings.

5. Henglue Law Firm's Reminder

Firstly, the evidence should be fixed as soon as possible, as some materials may be difficult to obtain after leaving the job. Secondly, the method of obtaining evidence must be legal, as illegally obtained evidence may not be admissible. Thirdly, for evidence held by the employer, it is necessary to actively request its provision to avoid losing the case due to the inability to provide evidence. Fourthly, the evidence needs to corroborate each other, as the probative force of a single piece of evidence is limited. It can be verified through other evidence.Labor arbitration and work-related injury compensationThe column introduces evidence-gathering strategies. Fifthly, witness statements should be used in conjunction with the evidence in the case. A single witness statement is usually difficult to independently support the core claim.

Therefore, it is recommended that the parties concerned should pay attention to three aspects: the confirmation of labor relations, the validity of rules and regulations, and the legality of the termination procedures. Any flaw in any of these aspects may affect the outcome.

VI. Frequently Asked Questions

Q1: How can one prove the employment relationship without a labor contract?

It can be inferred through materials such as payroll records, bank transaction records, attendance records, work permits and access control records, work communication records, social insurance payment records, and colleague testimonies. When the above-mentioned evidence corroborates each other, it is usually possible to determine the existence of a labor relationship and subsequently claim corresponding rights.

Q2: What evidence is required for overtime pay?

You can submit attendance and attendance records, shift schedules, overtime approval forms, communication records from work groups and emails, work results during overtime, and pay slips, etc. Attendance materials related to overtime are usually held by the employer, and workers can request them to be provided. If the employer fails to provide them, they should bear the adverse consequences.

Q3: What if the company doesn't provide evidence?

According to Article 6 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, if the evidence related to the disputed matters is in the possession and management of the employer, the employer shall provide it; if the employer fails to provide it, the employer shall bear the adverse consequences. The worker may explicitly make an application in the arbitration and explain the reasons why the evidence is in the possession of the employer.

Q4: How to provide evidence of the salary standard?

The salary composition as agreed in the labor contract, pay slips, bank statements, personal income tax records, performance evaluation forms, and relevant communication records can corroborate each other. If the salary composition claimed by the employer is inconsistent with that claimed by the employee, the employer shall provide evidence to support its claim. Otherwise, the case may be handled in a manner favorable to the employee based on reasonable determination.

Q5: Can the recording be used as evidence in arbitration?

Yes, but the recording must be legally obtained, contain complete content, and be able to identify the identity of the parties involved. Recordings obtained by infringing on others' legitimate rights or violating prohibitive legal provisions may not be admissible. It is recommended to keep the original carrier and use it in conjunction with other evidence to enhance the probative force.

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 necessary evidence, to avoid missing the statutory time limit.Labor arbitration legal services·Attorney Feng Na·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current effective 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 case of disputes, please consult a practicing lawyer in time.