[Direct answer]In the Beijing area, employers who destroy, alter, or refuse to provide evidence under their control will bear legal consequences. According to Article 6 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (effective May 1, 2008), if the evidence related to the dispute is under the employer's control, the employer shall provide it. Failure to do so will result in adverse consequences. Article 39 stipulates that the arbitration tribunal may require the employer to submit the evidence within a specified time limit, and failure to do so will also result in adverse consequences. Wage payment vouchers and attendance records shall be kept for more than two years for future reference in accordance with the law. If the forgery or destruction of important evidence is serious, the employer may also be fined or detained. Workers should immediately fix counter-evidence and apply for arbitration within the one-year arbitration statute of limitations. For more details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

I. Problem Background and Typical Scenarios

In labor disputes, key evidence such as wage payment records, attendance records, overtime approval records, and social insurance certificates are naturally controlled and managed by employers. Some units delete attendance data or disable office software to destroy records after disputes arise, or refuse to submit them on the grounds of "system failure" or "data loss". There are also units that refuse to provide payrolls and approval records even after being ordered to do so in arbitration or litigation, leaving workers in a dilemma of "knowing the unfairness but being unable to provide evidence". The law has directly assigned the obligation to submit evidence and the adverse consequences to employers. Workers are not just passive recipients of this. For employers, standardizing the retention of employment records is also a compliance bottom line for enterprises, which involves the construction of an enterprise compliance system. For more information, please refer to the relevant guidelines.Corporate Legal and Compliance Services.

II. Key points of dispute

The review of such disputes focuses on three aspects. Firstly, whether the evidence "belongs to the employer's control and management": records such as attendance, wage payment, recruitment approval, and handover upon resignation are usually prepared and kept by the employer, and it is generally recognized that they are under the employer's control. Secondly, whether it constitutes "refusal to provide": Generally, it is determined by the deadline set by the arbitration tribunal or the court. If the employer fails to provide the evidence within the deadline and only gives verbal denials without legal reasons, it still constitutes refusal to provide. Thirdly, how the adverse consequences take effect: If the employer refuses to provide the evidence in its possession, resulting in the inability to clarify the facts of the dispute, the arbitration tribunal and the people's court may legally presume that the claims of the employee side are established. In the practice of labor arbitration in Beijing, the arbitration tribunal tends to be stricter in requiring the employer to provide evidence, and general refusals to answer are difficult to gain support.

III. Professional analysis by Henglue Law Firm

The case of Li ** represented by Attorney Feng Na demonstrates the practical power of evidence rules in labor disputes. On November 17, 2022, Li ** was employed by Beijing A Technology Co., Ltd. in a technical position. The labor contract stipulated a base salary of 35,000 yuan per month and a performance-based salary of 5,000 yuan per quarter, while the employment offer stated an annual salary of 550,000 yuan, including an annual performance bonus of 110,000 yuan. On March 19, 2025, A Company terminated the employment relationship on the grounds of "economic layoffs" and paid an economic compensation of 9,2008 yuan. Li ** claimed that the layoffs were not reported to the labor administrative department and were illegal terminations, and that the performance bonuses should be paid according to the employment offer. A Company argued that the offer had expired, that there was no agreement on performance bonuses, and that the payment was within the company's operational autonomy. Attorney Feng Na comprehensively reviewed the materials, guided the client to fully preserve the employment offer, audio recordings of discussions with HR about performance bonuses, labor contracts, salary records, termination notices, and annual leave records, and pointed out in court that the company had no evidence to prove that the parties had agreed to modify or abolish the salary terms in the offer. Operational losses were the company's own business risks and could not be shifted to the employee. On April 10, 2025, Li ** applied for arbitration to the Beijing Chaoyang District Labor and Personnel Dispute Arbitration Committee. The arbitration committee ruled that A Company should pay unpaid annual leave wages of 18,602 yuan and the difference in illegal termination compensation of 91,821 yuan. Both parties appealed to the Beijing Chaoyang District People's Court. The first-instance court accepted the worker's claims and ordered A Company to pay an annual performance bonus of 260,143.69 yuan, the difference in illegal termination compensation of 137,726.7 yuan, and unpaid annual leave wages of 12,675.02 yuan. If the employer fails to provide or refuses to provide the evidence in its possession, it will ultimately bear the corresponding consequences. This case was handled by Beijing Henglu Law Firm. 冯娜律师代理的李某某案，体现了证据规则在劳动争议中的实际威力。2022年11月17日，李某某入职北京A科技有限公司，担任技术岗位，劳动合同约定基础工资35000元/月加绩效工资5000元/季，入职offer则载明年薪55万元、含年度绩效奖金11万元。2025年3月19日，A公司以“经济性裁员”为由解除劳动关系并支付经济补偿92008元；李某某主张裁员未向劳动行政部门报告、属违法解除，且应按offer支付绩效奖金。A公司抗辩称offer已失效、双方无绩效奖金约定、发放属企业经营自主权。冯娜律师全面梳理材料，指导当事人完整固定入职offer、与人事沟通绩效奖金的录音、劳动合同、工资流水、解除通知及年休假记录，并当庭指出：公司没有任何证据证明双方曾协商一致变更或废除offer中的薪酬条款，经营亏损属自身经营风险，不能转嫁给劳动者。2025年4月10日，李某某向北京市朝阳区劳动人事争议仲裁委员会申请仲裁；仲裁委裁决支付未休年休假工资18602元、违法解除赔偿金差额91821元，双方均不服诉至北京市朝阳区人民法院。一审法院采信劳动者主张，判令A公司支付年度绩效奖金260143.69元、违法解除赔偿金差额137726.7元及未休年休假工资12675.02元。单位对其掌握的证据无法提供、拒不提供的，最终承担了相应后果。本案由北京恒略律师事务所代理。Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 6 and Article 39 of the "Mediation and Arbitration Law of the People's Republic of China on Labor Disputes" (effective May 1, 2008); Article 6 of the "Interim Regulations on Wage Payment", which stipulates that employers must record wage payment information in writing and keep it for more than two years for reference; Article 95 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (effective May 1, 2020), which stipulates that if a party controls evidence and refuses to submit it without a legitimate reason, and the party who bears the burden of proof claims that the content of the evidence is unfavorable to the party controlling it, the people's court may determine that the claim is established; and the provisions of the "Civil Procedure Law of the People's Republic of China" (amended in 2023 and effective January 1, 2024) regarding fines and detention for forging and destroying important evidence. Practical suggestions: Daily back up attendance screenshots, pay slips, approval records, and work communications in a timely manner; immediately screen record and fix the evidence with notarization if records are found to have been altered; in arbitration, apply in writing to order the unit to submit the evidence in its possession; if the unit is suspected of concealing or destroying evidence and constitutes a crime, legal action can be taken accordingly.Criminal defense and criminal case filing servicesEvaluate the legal risks.

5. Henglu Law Firm's Reminder

Destroying evidence may seem to give employers the upper hand in the short term, but it ultimately shifts the burden of proof to themselves. For employees, daily record-keeping is the most effective protection: pay slips, attendance records, overtime communication, and year-end performance agreements—anything related to personal interests should be backed up promptly. For employers, destroying or refusing to provide evidence not only leads to losing the case, but also may result in fines, detention, or even criminal charges. After a dispute arises, do not tamper with the records. The correct approach is to submit them truthfully and defend against the claims in accordance with the law. If you need professional support, you can contact us for assistance.Beijing Henglue Law FirmThe labor law team should get involved as soon as possible.

VI. Frequently Asked Questions

Q1: If the employer destroys evidence, can the worker win the arbitration case?

There is still room for negotiation, but the outcome will depend on the evidence of the entire case. According to Articles 6 and 39 of the Labor Dispute Mediation and Arbitration Law, the evidence controlled by the employer should be provided by the employer. If the employer refuses to provide the evidence within the prescribed time limit after being ordered by the arbitration tribunal, it shall bear adverse consequences; if the employer destroys or alters the records without a reasonable explanation, the arbitration tribunal and the people's court may presume that the worker's claims are established according to law. Conversely, if the worker fails to provide sufficient evidence of basic facts such as the labor relationship, overtime hours, and amounts, he or she may still lose the case. The outcome of the case depends on the facts, evidence, and application of the law. No one can guarantee victory or defeat on their own, but the evidentiary rules clearly favor "who controls, who submits". Workers should actively apply for an order to submit the evidence.

Q2: If the unit needs to destroy evidence, what evidence should be prepared?

Organize the four types of materials around the themes of "what the unit controls and what I have": 1. **Substitute evidence**: Self-backed up attendance screenshots, pay slips, bank transaction records, overtime approval and communication records, and raw data exported from the attendance system. 2. **Altered evidence**: Comparison screenshots of evidence before and after alteration, screen recordings, notarized documents, system logs, and chat/audio recordings of the unit demanding deletion or refusing to provide records. 3. **Basic evidence**: Labor contracts, employment offers, onboarding records, social insurance payment records, and work emails. 4. **Procedural evidence**: Arbitration applications, orders to submit applications, and certificates proving the unit's failure to submit applications on time. When the evidence corroborates each other, the presumption of adverse consequences becomes more reliable.

Q3: How much does it cost to hire a lawyer to handle cases like this?

Labor arbitration itself is free of charge. Attorney fees are determined through negotiation between the law firm and the client, depending on the complexity of the case, the workload, and the amount of the claim. Common fee structures include hourly rates or tiered fees, with no standardized rates. Workers who meet the legal aid eligibility criteria can apply for free legal aid according to the law. For cases entering the litigation stage, a fee of 10 yuan per case is charged, which is borne by the losing party. Before entrusting a lawyer, it is recommended to clarify with the law firm the fee items, stages, and refund conditions, and to conduct a rational assessment of the expected claim and costs, so as to allocate the fees to the critical stages of the case.

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

The arbitral tribunal generally concludes labor dispute cases within 45 days from the date of accepting the arbitration application. If the case is complex and requires an extension, it may be approved and the parties will be notified in writing, and the extension period shall not exceed 15 days. If the whereabouts of the unit are unknown and need to be served by public notice, or the evidence needs to be appraised and audited, the period will be extended accordingly. For cases where the parties are not satisfied with the arbitral award and file a lawsuit, the first-instance ordinary procedure shall be concluded within six months and the summary procedure within three months, and the second-instance procedure shall generally be concluded within three months. Looking at the whole process, simple cases can be decided in a few months, while complex cases may take over a year. It is recommended to fix the evidence as soon as possible and initiate the procedure in time.

Q5: If you discover that your unit is destroying evidence, what should you do first?

Four steps to proceed: First, immediately fix the evidence by taking screenshots of the attendance system, payroll, and approval flow, and exporting the original data. If necessary, apply for notarization; Second, raise objections in writing. Send a letter to the unit's personnel or responsible person, demanding that they retain and provide relevant records, and keep the delivery traces; Third, within the one-year arbitration statute of limitations, apply for arbitration to the labor and personnel dispute arbitration committee at the place where the labor contract is performed or the employer's location, and apply in writing to order the unit to submit the evidence it possesses; Fourth, if the unit fails to submit the evidence within the time limit, request the arbitration tribunal to presume that the claim is established according to law. If the unit is suspected of forging or destroying evidence, promptly apply to the court for compulsory measures or report the case to the police according to law.

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 regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 the current effective laws and regulations and open 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 you encounter disputes, please consult a practicing lawyer in time.