[Direct answer]The attendance data are kept by the employer alone. Workers can apply to the arbitration court to order the employer to submit the data to resolve the burden of proof, rather than giving up the claim for overtime pay just because they cannot obtain the original attendance sheets. The burden of proof rules established by the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (implemented on May 1, 2008) require the employer to provide materials related to the disputed matters and held by the employer. If the employer refuses to provide the materials, the arbitration court may make a determination against the employer. A feasible approach is to first fix the attendance notifications, access control records, work group messages, and overtime items in the pay slips that the worker can access, in order to demonstrate the existence of overtime work and the fact that the attendance is controlled by the company. Then, within the time limit for providing evidence, the worker can request in writing that the employer be ordered to submit the materials, and the arbitration court will review whether the employer has provided the materials truthfully and completely.

I. Problem background and typical scenarios

The way attendance records are stored determines the difficulty of obtaining evidence for workers in disputes over overtime pay, unpaid annual leave wages, and work-related injury identification. Common carriers include fingerprint or facial recognition time clocks at factory entrances, access control logs generated by office building turnstiles, overtime approval processes in enterprise office systems, shift schedules posted in stores, and shift notifications sent via work groups. These data are almost all stored on the company's servers or managed by administrator accounts, and ordinary employees can only view fragments related to themselves. After leaving the company, their accounts are deactivated and export permissions are revoked, often making it impossible to retrieve even their own records. At this point, those claiming overtime pay usually only have a few mobile phone screenshots, overtime items listed on pay slips, chat records about shifts among colleagues, and time stamps on expense reports or client emails. The company often denies the materials compiled by workers, citing reasons such as system upgrades, periodic data overwriting, archived original forms, or the requirement that overtime must be approved to be counted. Manufacturing industries with two-shift work systems, internet companies with flexible working hours, chain stores with rotating shifts, field workers with location-based time clocks, and positions subject to comprehensive working hour calculation all have different ways of recording attendance, but they all point to the same problem: the most crucial original evidence is in the hands of the party being claimed against. In work-related injury identification, it is also necessary to reconstruct the worker's working hours and on-duty status on the day of the accident, which relies on these records maintained by the company.

II. Key points of contention

The disputes in such cases typically revolve around four key issues. First, the burden of proof for overtime work: Workers must provide sufficient evidence to establish a high degree of probability of overtime work, thereby transferring the obligation to provide complete attendance records to the employer. It is generally difficult to meet this standard with mere claims of frequent overtime work without any evidence of work schedules, notifications, or compensation. Second, the authenticity of electronic data: Employers often challenge the admissibility of evidence submitted by workers, such as screenshots or exported records, by arguing that the data can be modified in the system or edited in screenshots. The arbitration tribunal must evaluate the original data, the time of its creation, and its consistency with other evidence to determine its credibility. Third, the consequences of employers' failure to provide or incomplete submissions: Whether partial monthly records, summary reports without daily details, or inconsistent overtime pay amounts in pay slips constitute unjustified refusal to provide evidence is often a critical factor in determining the outcome of the case. Fourth, offsets and accounting: Even if overtime work is established, the tribunal must verify whether the employer has arranged compensatory rest, whether overtime pay is included in pay slips, whether the overtime pay base is calculated based on actual or paid amounts, and whether the employer's irregular working hours system has been approved and publicly disclosed to workers. Both parties' arguments typically focus on these issues: workers claim long-term late hours, working on rest days, and the employer's failure to enforce approval systems; employers argue that all overtime must be approved, unapproved work does not count as overtime, compensatory rest has been provided, and attendance records are only kept for short periods. The arbitration tribunal's review process typically follows this order: first confirming the employment relationship and applicable working hour system, then verifying the existence of overtime work, checking the amounts paid and compensatory rest arrangements, and finally determining the specific compensation amounts.

III. Professional analysis by Hengluo Law Firm

Dividing the evidence into three tiers based on their availability will make the process much clearer. **First tier**: Materials that can be fixed by the employee immediately: monthly pay slips and overtime items, bank transfer records, shift schedules and duty rosters sent via work groups or office software, post-work emails with time stamps, login and operation logs in customer systems or business platforms, travel and field expense reimbursement documents, employee badge and access control record photos, and statements from colleagues willing to testify. Each of these pieces of evidence proves only a fragment, but together they outline the regular patterns and rules of overtime work. **Second tier**: Materials that require requesting retrieval: original daily attendance export tables, attendance machine backend logs and administrator operation records, complete records of the overtime approval process, system-exported monthly summaries, and the payroll records used by the employer to calculate wages. When applying for retrieval, the employee should list the evidence name, approximate creation time, storage department, format, intended purpose, and relevance to the dispute. A general request to retrieve all attendance records may be rejected as unclear in scope. **Third tier**: Adverse consequences: If the employer refuses to provide evidence without justification, provides incomplete forms, or presents conflicting data, the arbitration tribunal may make an unfavorable determination based on evidentiary rules, making it more likely that the worker’s claim for overtime hours will be accepted. There are several procedural deadlines to note: - Submit a structured evidence list during case filing. - Submit a written request for evidence retrieval before the evidentiary deadline. - Verify the completeness of submitted monthly records during pre-trial evidence exchange. - Provide opinions on the generation, storage, extraction, and integrity of electronic data during cross-examination. - If dissatisfied with the ruling, file a lawsuit within the statutory time limit and supplement evidence. The substantive basis for working hours and overtime pay comes from the **Labor Contract Law of the People’s Republic of China** (amended on December 28, 2012, effective January 1, 2013) regarding working hours and labor compensation. For work-related injury cases involving the determination of working hours and on-duty status, the **Work Injury Insurance Regulations** (amended on December 20, 2010, effective January 1, 2011) must also be referenced. Procedural and evidentiary deadlines should follow the guidelines of the **Labor Dispute Mediation and Arbitration Law**.

IV. Practical suggestions and legal basis

The process can be divided into seven steps. Firstly, during employment, file the pay slips, shift schedules, and attendance calendars monthly. Electronic documents should retain their original format and generation time. If necessary, add a trustworthy timestamp or notarization to avoid being unable to retrieve them after leaving the job. Secondly, before leaving the job, export all records accessible within your authority, name them by month, and make two independent backups. Thirdly, promptly calculate the arbitration statute of limitations after a dispute arises. Submit an application within one year from the date you become aware of the infringement of your rights, as arbitration is a prerequisite for litigation. Fourthly, when filing a case, submit a list of evidence and a written request for evidence submission, listing the attendance months, storage media, custodian departments, and proof purposes required from the employer. Fifthly, during the court hearing, cross-examine the original media, exported logs, and month completeness, verifying whether they match the overtime items on the pay slips. Point out any contradictions in court and request explanations. Sixthly, if the forms submitted by the employer are incomplete or clearly conflicting, request the application of the adverse consequences rule in writing. Seventhly, if you are dissatisfied with the ruling, file a lawsuit within the statutory time limit to a people's court with jurisdiction and supplement the materials in accordance with the provisions on evidence and time limits of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024). At the regulatory level, the procedures and statutes of limitations follow the Labor Dispute Mediation and Arbitration Law, and the working hours and remuneration are governed by the Labor Contract Law. For work time determination involving work injury identification, refer to the Work Injury Insurance Regulations. Evidence and time limits after litigation follow the aforementioned civil litigation rules. This firmLabor arbitration and work-related injury compensation business pageThe handling points of the evidentiary period and the list of materials are sorted by types of evidence and can be consulted together.

5. Henglu Law Firm's Advice

Three details determine success or failure. First, fix it early: Attendance data is usually covered by a cycle. If you apply to retrieve it after the unit's stated retention period, you may receive a response that the data no longer exists. Therefore, it's crucial to gather evidence in the early stages of the dispute. Second, write it clearly: The application ordered by the employer must specify the specific month, system, and custodian department. The more specific the scope is, the greater the chance of being supported and subject to unfavorable consequences. At the same time, hand over all the materials you already have to demonstrate that the evidence is indeed held by the unit. Third, calculate the deadlines: The statute of limitations for arbitration applications, the period for providing evidence, and the deadline for suing after receiving the arbitration award are three mutually exclusive timeframes. Any breach of one of these deadlines may close off corresponding remedies. There are also two boundaries to note: Don't attempt to hack into the company's system, borrow others' administrator accounts, or privately export backend databases. Evidence obtained through improper means not only has questionable evidentiary value but may also trigger other liabilities. Also, don't splice or modify screenshots to pad out the length of time. Once electronic data is found to have editing traces, the credibility of the entire set of materials will be compromised. Both the Labor Dispute Mediation and Arbitration Law and the Civil Procedure Law require that evidence be verified as authentic. It's safer to rely on legal, verifiable, and mutually corroborating original materials.

VI. Frequently Asked Questions

Q1: The attendance sheet is locked in the company's server. Do workers still have grounds to claim overtime pay?

There is evidence, but the procedures for transferring the burden of proof need to be implemented in detail. First, the worker should provide preliminary evidence such as shift schedules, pay slips with overtime items, messages in the work group, and photos of access control records to establish a high degree of probability of overtime work. Attendance materials related to the disputed matters and held by the employer should be provided by the employer in accordance with the "Mediation and Arbitration Law of the People's Republic of China on Labor Disputes" (effective May 1, 2008). If the employer refuses to provide the materials or only provides incomplete monthly records, the arbitration tribunal may make an unfavorable determination. However, if the employer submits complete, verifiable, and consistent original export records with pay slips and approval records, the worker still needs to point out contradictions and provide counter-evidence for specific months. Whether the claim will be supported depends on the combined effect of the preliminary evidence, the order to submit the application, and the employer's response. The more original and complete the materials are, the more reliable the claim will be.

Q2: Can the access control card swiping system and the shift schedule help compensate for the lack of clock-in records during overtime hours?

It can be supplemented, but the two pieces of evidence serve different purposes and should be used in conjunction with each other. The access control log shows the time of entry and exit, the work schedule shows the shifts arranged by the company, the work group notifications and email timestamps show that the employee was still handling tasks after work, and the pay slip overtime items show that the company once paid overtime. Colleagues' statements corroborate the regularity of the overtime. When organizing the evidence, each item should be labeled with its source, creation time, and extraction method, and indicate which overtime period each piece of evidence corresponds to. Electronic data should retain the original carrier and file, as screenshots alone may be questioned as having been edited. The evidence should be bound into a booklet and organized into an evidence catalog, with clear corroboration relationships noted. Submit all evidence at once within the evidentiary period to facilitate pre-trial exchange and cross-examination. If a piece of evidence is missing, it should be supplemented with adjacent materials, but do not manually piece together the timeline yourself.

Q3: If an arbitration tribunal orders an employer to provide attendance records, what fees need to be prepaid?

The application for an injunction does not incur any additional fees, and the labor arbitration stage does not charge arbitration fees to the parties. Filing, hearings, and adjudications do not charge case acceptance fees based on the amount in dispute, which is an important difference between labor dispute procedures and general civil litigation fee rules. The actual expenses incurred include attorney's fees for self-commissioned lawyers, notarization or trusted time stamp fees for fixed electronic data, and appraisal fees when necessary. Attorney's fees are usually tiered by stages, with fees increasing in turn for drafting materials, appearing in court, and full-process representation. They can also be negotiated based on the amount in dispute, and the specific fees are specified in the written agency contract. There is no unified government pricing for these fees.

Q4: When is it appropriate to submit a request to retrieve attendance records a few days before the deadline for providing evidence in arbitration?

The earlier the better, and it should be submitted in writing before the expiration of the evidentiary period specified by the arbitration tribunal. The evidentiary period is specified by the arbitration tribunal in the notice after accepting the case, and the length of the case varies. The written notice shall prevail; if it is submitted beyond the time limit, the party may be required to explain the reasons for the delay, and it may even affect the organization's cross-examination. According to the "Mediation and Arbitration Law of Labor Disputes of the People's Republic of China" (implemented on May 1, 2008), the arbitration hearing generally ends within 45 days from the date of acceptance. The case may be extended according to law, but the time limit is limited. The periods of appraisal or announcement shall be calculated separately; if the party is not satisfied with the arbitral award, he/she shall file a lawsuit with the people's court with jurisdiction within the statutory time limit for filing a lawsuit.

Q5: On the day of resignation, should I first copy my attendance screenshots or send a letter to request them first?

First, fix and back up the materials available to you, then request them from your employer in writing. These two steps should not be reversed. On the day of leaving the job, the account is often immediately deactivated. You should take advantage of the remaining permissions to export the attendance schedule, clock-in calendar, overtime approval records, and pay slips, and retain the original files, the generation time, and the system name. If necessary, obtain a trusted timestamp or notarization. Do not intrude into the company's backend or borrow others' accounts, as the evidentiary value of materials obtained inappropriately is questionable. Subsequently, send a written letter with a deliverable receipt, specifying the attendance months and the storage medium required, stating the purpose and the response deadline. If the employer refuses or fails to respond, the letter itself will serve as evidence for subsequent applications to order the submission of the materials.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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·Beijing Hengluo 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.