This article describes the process of submitting labor arbitration evidence and retrieving the evidence submitted by the company. It also explains the application matters that can be supplemented when submitting evidence and the key information said by the staff when providing evidence.
In the previous chapter, I introduced the arbitration application and the revocation and re-filing of the case due to some minor incidents. He also excerpted some supporting explanations of the provisions of the Labor Law, and posted downloads of relevant documents. If you need it, you can look back at the previous two articles.
The last time the case was reopened was March 2, 2021. Two months later, I received a text message informing me that I would submit evidence on May 10, 2021.
On the morning of May 10, 2021, I came to the Labor Arbitration Dispute Court of Chaoyang District to submit evidence. I brought my ID card and relevant materials for my arbitration application with me. The company laid off employees on February 5, 2021, but on March 15, my salary from February 1 to February 15 was not paid. It was May 10, and there was still no salary. Note: If your arbitration application has already been filed, but you thought little about it at the time, if you want to add it, you can add it when submitting the evidence. Therefore, I added 2 items:
- The company is required to pay xxx yuan in illegal wages from February 1, 2021 to February 5, 2021.
- Require wages to pay a year-end bonus of XX yuan.
Those who submit evidence still need to fill out an evidence list. The evidence list is very simple. It is an A4 paper with a form on it. We need to fill in the following contents:
- Evidence number (that is, 9 lines from top to bottom 1, 2, 3 in total).
- Name of evidence material (e.g. dismissal notice).
- Type of evidence (submitted on paper is "documentary evidence").
- Whether there is an original (fill in: Yes or No).
- Briefly explain the object and content of the certification.
- Number of pages (is how many pages of your current piece of evidence is).
I prepared everything I needed in advance and photocopied it. At 9:26, I came to the window and found that there was no one in the seat in front of the counter window. I went over to prepare. After signing the name, the staff inside said: Your appointment time is 9:30, go and wait.
时间到了之后， 我去窗口填了证据清单，以及按照清单的顺序将证据整理好放在一起，证据及证据清单填了 2 份一模一样的。同时我还填了一张补充申请内容。工作人员看完材料之后说：你增加了请求事项，并且你的证据清单已经填满了，此后你不能再增加请求事项或者提交证据，明白吗。说完递给我一个《第二次举证通知书》并让我 2021 年 5 月 21 日 14：00 再来取证据（其实就是取公司提交的证据）。
Let's take a look at this time. The case was filed on March 2, and I was asked to submit evidence on May 10. It was more than two months later. Now it is May 21st to collect evidence, 11 days later. I have to say that this labor arbitration has really cultivated my patience. I have to wait patiently. It will be whatever time people say. All I can do is wait passively for notice.
On May 21, I went to the Labor Arbitration Dispute Court of Chaoyang District as scheduled to collect the evidence submitted by the company. The time previously arranged by the Dispute Court was 14:00 p.m. Since the company was only 3 subway stops away from the Dispute Court, I didn't ask for leave. I greeted my superiors and went after lunch. I arrived at the scene at 13:47, and went to the window at 14:02. The staff said: Wait a minute, the person who submitted the evidence from your company has not come yet. Let's wait for 30 minutes. If no one from the company comes, it will be regarded as the company has no evidence to submit. However, at 14:15, a woman came. At about 14:20, the staff asked me to sign, and then I left with the company's materials.
When I went out, I was not happy at all. It has come to this point, and I am no longer anxious, and I can't be anxious. You can't rush me, so I can only wait for passive notification. It's just that I regret that I can't solve it quickly and can't be "satisfied with gratitude and hatred". I think maybe when I wait until the moment of final victory, I won't be happy or smiling, because the journey is really too tiring...
(The submission of evidence introduced in this article is actually not difficult. It is just a form plus evidence materials. If you want to see relevant information, see the attachment at the end of the first article in this series, which contains all the forms).
Next announcement: The Dispute Court opens its session.