[Direct answer]In the Beijing area, enterprises can entrust lawyers to handle labor arbitration cases on their behalf. According to Article 6 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (adopted on December 29, 2007 and implemented on May 1, 2008), parties may appoint agents to participate in arbitration activities. At the same time, Article 36 of the same law stipulates that if the respondent refuses to appear in court without a valid reason after receiving a written notice, a default judgment may be made against them. In practice, there are three common problems for enterprises handling cases on their own: first, unclear defense strategies leading to the rejection of multiple claims; second, failing to submit evidence controlled by the company, such as attendance records and salaries, and thus bearing unfavorable consequences; third, losing the case due to missing the review of legal grounds and procedures for termination.Labor arbitration and work-related injury compensationIn the class service, the core value of the agent lies in transforming labor management into evidence that can be submitted.

I. Problem Background and Typical Scenarios

The high-frequency reasons for labor arbitration against enterprises include: confirmation of labor relations, double wage compensation for unsigned written labor contracts, arrears in wages and overtime pay, unpaid annual leave wages, economic compensation, compensation for illegal dismissal, and work-related injury benefits. Common misunderstandings of enterprises in responding to labor arbitration are: considering the employee's claims as unfounded and passively not responding to the lawsuit; only submitting system documents but lacking evidence of public disclosure; replacing complete disciplinary determination chains with screenshots of work groups; and confusing total wages with wages payable, leading to errors in base calculation.Business and contract disputes in enterprisesIn these types of cases, the methods of organizing evidence are similar across the board.

II. Key points of contention

Focus One: The establishment of labor relations and the facts of employment. Focus Two: The calculation base and the double wage difference for unsigned written contracts. Focus Three: The burden of proof for overtime work and overtime pay. Focus Four: Whether the rules and regulations were formulated through democratic procedures and publicly announced. Focus Five: Whether the reasons and procedures for termination are legal. Focus Six: The validity of terminations during the special protection period. Focus Seven: Remedies for dissatisfaction with arbitration awards.Special services and other casesThe column provides a more detailed explanation of this issue.

III. Professional analysis by Henglue Law Firm

When handling such cases, Henglue Law Firm generally proceeds in two steps: sorting out the evidence chain and managing procedural nodes. Taking a labor dispute case handled by Attorney Tian Jiaoyan of our firm as an example: After the worker joined the company, the company failed to sign a written labor contract or pay social insurance, and only verbally agreed on the monthly salary standard. The worker terminated the labor relationship and applied for arbitration on the grounds of unpaid social insurance and unpaid wages, while the company argued that the two parties were a labor service relationship, with flexible working hours and payment based on the number of clients. The attorney focused on three aspects in the defense: First, the worker accepted the company's management, clocked in and out through office software, and received regular monthly transfers from company personnel, which met the requirements for wage payment rather than random labor remuneration, and reflected the characteristics of personal subordination, economic subordination, and organizational subordination, establishing a de facto labor relationship. Second, in the absence of a written contract, the company failed to provide evidence of the salary standard, so the monthly salary could be determined based on the attendance records and periodic transfers, and the double wage difference could be calculated. Third, the worker submitted a written notice to terminate the relationship on the grounds of unpaid social insurance, which met the statutory requirements. The arbitration committee ultimately confirmed the existence of a labor relationship between the two parties, supported the double wage difference for unpaid contracts, severance pay for termination, and unpaid wages, but did not support the request for overtime pay due to insufficient evidence. This case was handled by Beijing Henglue Law Firm.Tian JiayanThe lawyer (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the shortcomings of the employer in terms of the nature of the relationship, wage standards, and evidentiary capacity will directly translate into unfavorable consequences in the arbitration process.Special services and other casesThe column provides a more comprehensive explanation of this strategy.

IV. Practical suggestions and legal basis

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Action recommendations: 1. Immediately designate a dedicated person to liaise with lawyers after receiving the arbitration notice, and clarify the deadline for responding; 2. Systematically organize labor contracts, payroll records, bank statements, attendance records, rules and regulations, and evidence of public disclosure; 3. Calculate the amounts and calculation processes of all claims, and prepare a defense brief and evidence list; 4. Attend the arbitration and provide comprehensive evidence and cross-examination; 5. Evaluate the mediation willingness and negotiate a settlement; 6. Note the 15-day deadline for filing a lawsuit if dissatisfied with the arbitration ruling; 7. Use the case review to improve employment processes and promote compliance rectification. Legal basis: Articles 6, 36, 47, and 48 of the *Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes* (adopted on December 29, 2007, and implemented on May 1, 2008); Articles 10, 23, 39, 40, 43, and 87 of the *Law of the People's Republic of China on Labor Contracts* (adopted on June 29, 2007, and implemented on January 1, 2008). Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, absenteeism during the trial often means giving up the opportunity to make statements and present evidence. Secondly, the employer bears the burden of proof for evidence such as attendance records and wages. Thirdly, regulations must go through a democratic process and be publicly announced, otherwise it will be difficult to use them as a basis for punishment. Fourthly, the risk of double pay for employees who have not signed written contracts should be calculated and assessed as soon as possible. Fifthly, the risk of termination during the special protection period is extremely high, and it is necessary to screen and identify potential issues in advance. Sixthly, mediation is an effective way to reduce uncertainty, but the cost should be calculated. Seventhly, each arbitration case is a test of the employment process, and the opportunity should be taken to make improvements.

VI. Frequently Asked Questions

Q1: Can companies appoint lawyers to participate in labor arbitration?

Yes, it's possible. According to Article 6 of the Mediation and Arbitration Law of the People's Republic of China on Labor Disputes, the parties may appoint agents to participate in arbitration activities. As the respondent, the enterprise may appoint a lawyer as a proxy to participate in the defense, provide evidence, cross-examine evidence, and mediate. When appointing a lawyer, a written power of attorney should be signed, specifying the scope of authority and fees. It should be noted that if the respondent refuses to appear in court without a valid reason, the arbitration tribunal may make a default judgment, at which point the respondent will lose the opportunity to make statements and provide evidence.

Q2: What are the consequences if a company fails to appear in arbitration proceedings?

According to Article 36 of the Labor Dispute Mediation and Arbitration Law, if the respondent receives a written notice and refuses to appear in court without a valid reason or leaves the courtroom without the arbitration tribunal's consent, a default judgment may be issued. During the default hearing, the company cannot make a defense or provide evidence, and its claims are usually difficult to be accepted. If the company fails to provide attendance and salary evidence, it will bear adverse consequences. If the respondent is still dissatisfied with the judgment, they can file a lawsuit, but this will involve additional time and costs, which is usually not cost-effective.Special services and other casesThe column provides further explanations on this matter.

Q3: If an employee claims overtime pay but the company cannot provide attendance records, what should the company do?

Bear the adverse consequences. According to Article 6 of the Labor Dispute Mediation and Arbitration Law, 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 do so, it shall bear the adverse consequences. Attendance records are just such evidence. In practice, employees still need to provide preliminary clues, such as work group records, shift scheduling screenshots, and overtime approval records. However, if the company cannot provide counter-evidence, its claims are more likely to be supported. Therefore, standardizing the storage of attendance records is the most cost-effective way to prevent risks.

Q4: What arbitration preparations can lawyers assist enterprises with?

It typically includes: sorting out the facts of the case and the items requested, calculating the amount and the calculation method; organizing evidence such as contracts, salaries, attendance records, systems, and terminations, and compiling an evidence catalogue; reviewing the democratic procedures and publicity of the rules and regulations; designing defense points and cross-examination opinions; assessing mediation proposals and settlement costs; providing follow-up relief solutions when dissatisfied with the ruling; and combining the review of the employment process with the case to promote compliance rectification and reduce the risk of recurrence.Business and contract disputes in enterprisesThe column provides more compliance advice.

Q5: How much does it cost to hire a lawyer to represent a company in a labor arbitration case?

The fees are determined through negotiations between the law firm and the enterprise, and typically depend on the number of workers, the number and amount of requests, the span of years involved, whether appraisal or evaluation is required, whether multiple locations are involved, and whether the case has entered the litigation stage. Simple labor disputes generally have relatively manageable costs; however, cases involving collective disputes, work-related injury identification, or cross-regional disputes require significantly higher investments. It is recommended to clarify the service phases and scope before entrusting the case and to sign a written contract to stipulate the fee calculation method and travel expenses.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Tian Jiayan·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If a dispute arises, please consult a practicing lawyer in time.