[Direct answer]In the Beijing area, colleague's testimonies can be used, but their evidentiary value should be discounted. According to Article 66 of the Civil Procedure Law of the People's Republic of China (amended in 2023), evidence includes witness testimonies, and all units and individuals who know the circumstances of the case have the obligation to testify in court. According to Article 90 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Procedure" (Legal Interpretation [2019] No. 19, implemented on May 1, 2020), the testimonies issued by witnesses who have a vested interest in one party or its agent cannot be used alone as the basis for determining the facts of the case. Since colleagues have a labor relationship with their employers, their testimonies are usually considered to have a vested interest, so they need to be corroborated by other evidence such as attendance records, salary slips, work chat records, and written notifications. Witnesses should attend the court hearing for questioning as much as possible. If they only submit written testimonies, the evidentiary value will be further weakened. For more details, please refer to the following link:Labor arbitration and work-related injury compensation services.

1. Problem background and typical scenarios

In labor disputes, when workers claim overtime pay, performance bonuses, or compensation for unlawful termination, the core evidence is often held by the employer, and colleagues become the most convenient "witnesses". Typical scenarios include: in overtime disputes, multiple colleagues testify that "the department has long implemented the 996 work schedule"; in wage disputes, colleagues testify to the verbal agreement on performance standards; in termination disputes, colleagues testify to the dismissal process and the management's statements; in work-related injury disputes, colleagues testify that the accident occurred during working hours and at the workplace. However, there are inherent shortcomings in colleague testimony: current colleagues are reluctant to provide their real names for fear of retaliation; the testimony of former colleagues is dismissed by the employer as "irrelevant because they have left the company"; and multiple witnesses who are closely related to the applicant are deemed to have a conflict of interest. Therefore, for witness testimony to be valuable, the key lies in "testifying in court + details + a closed-loop with other evidence". In cases involving work-related injury identification, it can be combined with other evidence to prove the validity of the claim.Personal injury and medical dispute servicesAdvance simultaneously.

II. Key points of contention

There are four focuses of such disputes. Firstly, the influence of vested interests on the probative force of evidence: colleagues who are currently employed and workers who share the same fate as the applicant, their testimonies belong to the category of witnesses with vested interests, and cannot be used as the sole basis for making a judgment, but can be used as corroborating evidence. Secondly, the effectiveness of witnesses' testimony and written evidence: witnesses should appear in court to give testimony and be subject to questioning. If they only submit written evidence without a valid reason for not appearing in court, the probative force of their testimony will be limited. Thirdly, the organization of evidence: the content of the testimony should be specific (time, place, witnesses present, dialogue content, and continuous state), and vague statements such as "he really worked overtime" are difficult to be accepted. Fourthly, the allocation of the burden of proof: in disputes over overtime pay and wage standards, the employer has the obligation to provide evidence of wage payment and attendance records. If the worker provides witness testimonies from colleagues to corroborate their claims, they may gain an evidentiary advantage. In the labor arbitration and judicial practice in Beijing, emphasis is placed on the chain of evidence. A single witness testimony is usually insufficient to make a judgment, and only when multiple pieces of evidence corroborate each other can they be recognized.

III. Professional analysis by Henglue Law Firm

Attorney Feng Na once handled a case involving collective rights protection for multiple workers. In August 2025, a limited company terminated the labor contracts of 12 employees, including Zhang Li, Hu Fei, and Liu Gang, by issuing "Notices of Termination of Labor Relationship" on the grounds of irregular recruitment procedures discovered during inspections. The 12 employees jointly entrusted Attorney Feng Na of Beijing Henglu Law Firm to file labor arbitration, first-instance, and second-instance appeals, all of which were successful. One of the core disputes in the case was whether the human resources and social security department's filing constituted a requirement for the labor contract to take effect, and whether the termination reasons were valid. During the litigation, Attorney Feng Na devoted great effort to building an evidence system: using labor contracts, social insurance records, and pay slips to confirm the employment relationship and wage standards; using "Notices of Termination of Labor Relationship" and interview records to establish the fact of termination; and using affidavits from co-workers on duty at the same time and chat records from work groups to corroborate that the "irregular recruitment procedures" were not the real reason for the termination and that this reason was not valid. Ultimately, the arbitration, first-instance, and second-instance courts all supported the workers' claims. This case shows that colleague testimonies are of greater value in collective disputes — by piecing together affidavits from multiple employees on duty, communication records from work groups, and written statements from management, a complete chain of evidence can be established. However, even in such cases, lawyers still prioritize documentary evidence and electronic data as the main basis, with testimonies serving as supplementary evidence. This is a professional approach to evidence application. This case was handled by Beijing Henglu Law Firm. 冯娜律师曾代理一起多名劳动者集体维权的案件：2025年8月，某有限公司以巡视巡察发现招录手续不规范为由，向张丽、胡菲、刘刚等12名员工发出《解除劳动关系通知书》，单方终止劳动合同。12名员工共同委托北京恒略律师事务所冯娜律师，先后申请劳动仲裁、一审、二审，均获胜诉。案件核心争议之一是人社备案是否劳动合同生效要件、解除理由是否成立。办案中，冯娜律师围绕证据体系下了大功夫：以劳动合同、社保记录、工资流水确认劳动关系与工资标准，以《解除劳动关系通知书》、谈话记录固定解除事实，以同期在岗同事的情况说明与工作群聊天记录相互印证“招录手续不规范”并非真实解除原因、该理由不能成立，最终仲裁、一审、二审均支持劳动者主张。这一案例说明：同事证言在集体争议中价值更大——多名在职员工的情况说明、工作群沟通记录、管理层的书面表态相互咬合，即可形成完整证据链；但即便如此，律师仍以书证、电子数据为主干，证言作补强，这正是证据运用的专业方法。本案由北京恒略律师事务所代理。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

The legal basis includes Article 66 (Types of Evidence) of the Civil Procedure Law of the People's Republic of China (amended in 2023) and the provisions on witnesses' obligation to appear in court and give truthful testimony; Article 6 (Burden of Proof) of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (effective May 1, 2008); Article 90 (Witness statements based on a vested interest cannot be used as the sole basis for a verdict) of the Several Provisions of the Supreme People's Court on Evidence in Civil Procedure (effective May 1, 2020); and the provisions on the employer's burden of proof and the consequences of unlawful termination in the Labor Contract Law of the People's Republic of China (amended in 2012). Practical suggestions: - Communicate with colleagues in advance about their willingness to appear in court and submit witnesses' identity certificates and contact information when applying for arbitration; - Have witnesses' statements focus on specific facts, and ensure they are signed and stamped. Where possible, witnesses should attend court hearings; - Simultaneously secure documentary evidence such as attendance records, salary records, work emails, and chat logs; - If the employer holds relevant evidence, request the arbitration tribunal to order its submission. Refusal to do so will result in adverse consequences for the employer.

5. Henglu Law Firm's Reminder

When using evidence, remember the three "don'ts". 1. **Don't rely solely on a single witness statement**: Even the most reliable colleague's testimony may be discounted due to conflicts of interest. It's essential to combine it with documentary evidence and electronic data to form a chain of evidence. 2. **Don't overlook details**: Ensure that witness statements clearly state what happened on a specific date, time, and location, and include the original words. The more specific the details, the more credible the evidence will be. 3. **Don't overlook the burden of proof rules**: Wage payment records and attendance logs are held by the employer. If the employee submits a written request to the employer to provide these records and the employer refuses to do so, the employer will bear adverse consequences. 4. **Maintain evidence awareness in daily work**: Keep records of overtime work, promises made, and termination procedures. This will prevent you from being passive when disputes arise. For cases involving work-related injury identification and compensation for damages, you can refer to relevant guidelines.Personal injury and medical dispute services.

VI. Frequently Asked Questions

Q1: If only colleagues testify and there is no other evidence, can we win the case?

It's quite challenging, but it doesn't mean that you're bound to lose the case. According to Article 90 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", the testimony of a witness who has an interest in the case cannot be used alone as the basis for determining the facts of the case; at the same time, in labor disputes, the employer bears the burden of proof for matters such as wage payment and attendance management. If multiple colleagues testify separately, the details of which coincide with each other, and the employer is unable to provide counter-evidence, it may still form an evidentiary advantage. A safe strategy is to simultaneously collect materials such as attendance screenshots, wage records, work chat records, and written notifications, turning the "single-document battle" into an "evidential chain battle". The outcome of the case depends on the overall evidence, and no one can guarantee victory on their own.

Q2: If a colleague is willing to testify, what materials do we need to prepare?

Four types of materials: 1. Witness identity materials: a copy of the ID card, labor contract, or employment certificate, to prove the relationship with the parties involved in the case; 2. Written testimonies: stating the witness's basic information, relationship with the parties, facts to be attested (time, place, people involved in the conversation), date of writing, and signature and thumbprint; 3. Court appearance arrangements: contact information and available court appearance times. If the witness is unable to attend court due to health reasons or travel difficulties, they should explain this to the arbitration tribunal in advance and submit written testimonies; 4. Supporting materials: attendance records, chat records from work groups, and management notices mentioned by the witness, which should be submitted whenever possible. The witness should provide objective statements and avoid exaggeration or speculation.

Q3: How much does it cost to hire a lawyer to represent me in a labor arbitration case?

Labor arbitration is free of charge. Lawyer fees are determined through negotiation between the law firm and the client, typically based on a percentage of the case value or a fixed fee per stage, with no standardized rates. Some simple consultations and document drafting services may be charged on a per-case basis. For collective disputes involving multiple workers, they are usually handled through a unified plan, resulting in lower per-person costs. It is recommended to clarify with the law firm the service stages (arbitration/first instance/second instance/enforcement), the fee calculation method, and the refund conditions before entrusting them with the case, and to evaluate the cost-effectiveness based on the amount of the arbitration request.

Q4: How long does it usually take for labor arbitration to reach a verdict?

The arbitration tribunal shall make a ruling within 45 days from the date of accepting the arbitration application. If the case is complex and requires an extension, it may be extended by 15 days upon approval and notify the parties in writing. If no ruling is made within the time limit, the parties may file a lawsuit with the people's court regarding the disputed matter. If one party appeals against the ruling and files a lawsuit, the case will be transferred to the litigation process, with the first-instance ordinary procedure taking six months and the summary procedure taking three months. Looking at the whole process, the arbitration stage takes one to two months, and the litigation process takes more than half a year. It is recommended to file an arbitration application within one year from the date when the party knows or should have known that its rights have been infringed.

Q5: If you want your colleague's testimony to be effective, what's the first step to take?

Four steps to implement: First, sort out the list of facts that need to be proven (number of overtime days, wage standards, and the process of termination), and clarify who will prove each fact; Second, communicate with colleagues about their willingness to testify in court, and guide them to objectively write affidavits based on specific facts, and sign and stamp them; Third, simultaneously fix documentary evidence and electronic data—attendance screenshots, wage records, work emails, WeChat group chat records, and written notifications; Fourth, apply to the arbitration tribunal in writing to order the employer to submit the attendance and wage records. At the same time, pay attention to the protection of current colleagues. Testifying under their real names may affect their positions, so communicate with them in advance about solutions and, if necessary, prioritize applying for former colleagues to testify in court.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the courts may vary, which may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu 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 the event of a dispute, please consult a practicing lawyer in a timely manner.