[Direct answer]In the Beijing area, all four pieces of evidence are indispensable: institutional basis—the rules and regulations are formulated through democratic procedures and publicly announced to employees, and there are clear corresponding provisions for disciplinary violations in the system; factual evidence—objective evidence of disciplinary violations (surveillance, system logs, written records, witnesses); procedural evidence—union notifications (if there is a union, notification is mandatory) and the provision of opportunities for employees to defend themselves; and service evidence—written records of the delivery of termination notifications. If any of the four pieces of evidence is missing, there is a risk of illegality in the termination process.

1. Problem background and typical scenarios

The scenarios of employees being dismissed for violating company rules and then losing the lawsuit are highly repetitive: the company has regulations but fails to publicize them, and the employees can simply say "I haven't seen them" to overturn the verdict; the facts rely on the testimony of the company's leaders, and the unilateral statements that the employees don't recognize aren't accepted; the employees aren't given the opportunity to defend themselves before being dismissed, which violates procedural norms; and verbal notifications via WeChat are considered as effective delivery of the notice. From the employees' perspective: they are dismissed despite having committed serious violations of company rules, receive compensation, and even gain a good reputation in the end — the gap in the chain of evidence directly determines the outcome of the case.

II. Key points of dispute

First, the determination of "seriousness". The system should clearly list the circumstances of serious violations of discipline and the corresponding consequences, and strictly interpret the general clause of "serious circumstances". The rules for calculating the cumulative violations of discipline should be specified in advance. Second, the effectiveness of electronic evidence. Chat records, system logs, and the original carriers of emails and their integrity verification, as well as the compliance of the evidence-gathering process. Third, the rigidity of trade union procedures. Notifying the trade union before terminating the employment contract is a statutory obligation. For those without a trade union, there is an obligation to explain the reasons and differences in local regulations. Fourth, the statute of limitations and withdrawal. The reasonable interval between the occurrence of the disciplinary violation and the termination, and the restrictions on the special protection periods for employees on sick leave and during pregnancy and childbirth.

III. Professional analysis by Henglue Lawyers

The evidence system for disciplinary dismissal is organized along four lines: "system - facts - procedure - delivery". **System Line**: Legally valid rules and regulations serve as the foundation. They must be formulated through discussions with worker representatives or the entire workforce, and consultation with trade unions or worker representatives. After being promulgated, they must be publicly announced or notified to employees (through signed receipts, training attendance records, screenshots and timestamps of intranet announcements, or examination records). The provisions of the rules must precisely correspond to the disciplinary violations. For example, "dismissing someone for stealing company property" carries a much lower burden of proof than "dismissing someone for a serious disciplinary violation". In the absence of formal rules, the proof burden is minimal, and most cases result in legal defeats. **Facts Line**: Evidence collection should follow the type of violation. For property-related issues, use surveillance footage and inventory discrepancy records; for data fraud, rely on system logs and operational traces; for fights or brawls, use police reports and injury photos; for conflicts of interest, review related transaction documents and supplier materials; for absenteeism, combine attendance records with notices urging return to work. Witness testimonies are supplementary rather than primary evidence; it's common for employees to recant their statements in court. Electronic evidence must include the original carrier and integrity certifications, with notarized evidence preferred for high-value proof. **Procedure Line**: Three critical steps cannot be skipped: - **Investigation Phase**: Employee interviews and defense statements (with written records signed by the employee and witness records for refusals). - **Notifying the Trade Union**: Provide a written response (or follow local guidelines for unregistered unions). - **Internal Approval Chain**: Authority and hierarchical approval for dismissal decisions. **Delivery Line**: The written dismissal notice must specify the disciplinary facts, legal basis, effective date, and applicable provisions. In-person signing is most reliable; for refusals, send via EMS to the contract address with document title noted, retaining the delivery receipt and signature records. Sending via WeChat without paper records constitutes a procedural flaw, which is contested in arbitration. **Employee Self-Check List**: Four-step review after receiving a disciplinary dismissal notice: - Has the system been publicly announced and signed? - Are the factual evidences sufficient (e.g., surveillance logs vs. mere testimonies)? - Were the trade union and defense procedures followed? - Does the dismissal notice clearly state the legal basis? Any missing link triggers compensation for unlawful dismissal (double economic compensation) and the right to resume employment within the one-year arbitration statute of limitations. **Mutual Consensus Advice**: Disciplinary dismissals demand the highest evidentiary standards in employment management. Investing an extra hour to fix evidence at the time of the violation saves years of legal battles later. Employees should similarly maintain daily records of pay slips, attendance, and communication to retain proof at any dismissal moment. Beijing arbitration courts scrutinize disciplinary dismissals meticulously, identifying any procedural gaps in the four-line evidence chain, highlighting the value of professional representation in addressing these issues before trial.

IV. Practical suggestions and legal basis

The first step is system compliance: democratic procedures plus public announcement and receipt, with clauses corresponding precisely to actions; The second step is factual formalization: prioritize written records of monitoring logs and preserving the original carrier of electronic evidence; The third step is a closed-loop process: leaving traces through three steps of conversation and defense, union notification, and internal approval; The fourth step is effective delivery: written notifications with receipt or EMS tracking, and simultaneous self-inspection of timeliness and evidence on the employee side. Main legal basis: Article 39 (fault-based dismissal), Article 4 (democratic procedures and public announcement), Article 43 (union notification), and Article 87 (compensation for unlawful termination) of the Labor Contract Law of the People's Republic of China (amended in 2012); Judicial Interpretations of the Supreme People's Court on the Trial of Labor Dispute Cases; specific application shall be subject to the currently effective laws and regulations.

5. Henglu Law Firm's Reminder

The dismissal for disciplinary violations is an "art of evidence": it involves four aspects: system, facts, procedures, and service. If any one of these aspects is broken, the whole case will fail. The company's efforts lie in daily work (public announcements, record keeping, and procedures), while the employees' counterattacks focus on the breaking points (no public announcement, no defense, and no trade union involvement). Cases involving dismissal for disciplinary violations and labor disputes can be resolved through legal channels.Labor arbitration and work-related injury compensationYou can refer to it when formulating an overall plan for service provision, which involves ensuring compliance with relevant regulations and rulesBusiness and contract disputes in enterprisesFor those who need long-term legal advisors to assist with evidence management and employment compliance reviews, the following information may be of referenceIntellectual property protection and corporate lawFor plates involving the calculation of economic compensation and damages, they can be combined togetherSpecialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Can the employee handbook be used as evidence even if it hasn't been signed and received by the employee?

The public notice is a prerequisite for the notice to take effect. The failure to provide a signed receipt for the democratic public notice constitutes the first ground for losing the case.

Q2: Can WeChat chat records prove a violation of disciplinary rules?

Yes, it's possible to preserve the original carrier and its integrity. For important evidence, it is recommended to have it notarized and fixed in writing.

Q3: Do they not notify us if there's no union?

For those who have not established trade unions, the matter shall be handled in accordance with local regulations. In practice in Beijing, those who establish trade unions must send a written notice, and the lack of such a notice constitutes a procedural flaw.

Q4: How long after a violation of disciplinary rules does the dismissal still count as valid?

It should be dealt with within a reasonable period of time. If it is not dealt with for a long time and then terminated, the reasonableness of doing so will be questioned.

Q5: Can pregnant employees be dismissed for violating company rules?

For those who have committed serious violations of discipline, they can be granted leniency, but the evidence and procedural requirements are stricter. Special protection does not exempt them from being held accountable for serious violations of discipline.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

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 Henglue Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules. It is for general reference only and does not constitute formal legal advice 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 promptly.