The liability of presenting evidence on the case of tort labor contract disputes is specified clear　in accordance with the Civil Procedure Law of the People’s Republic of China and Several Provision of Supreme People’s Court on Evidence in Civil Procedures and to better support your claims and prove your legitimate rights and interests with the specified evidence you have provided when you are involved in a labor contract dispute. Please read the following content carefully.

1. Materials on the Subject Qualification of the Litigation 　　

You shall provide the relevant evidence for the subject qualification in detail in accordance with the following requirements to prove that you are the right subject of litigation, and ensure that you will be contacted in time in future procedures so that the litigation documents can be delivered to you. 　　

1.1 If you are an individual, you should submit the following identity information: your name, gender, age, nationality, place of residence, contact information, ID number, ID card, residence booklet, residence certificate, passport, Hong Kong and Macao residents permit for the mainland, Taiwan residents permit for the mainland and so on.

1.2 If you are a legal person or an organization, you shall submit the business license, registration certificate or organization code certificate of the legal person or the organization as well as the identity certificate of the legal representative or the principal person in charge.

2. Material on the Arbitration Proceedings

Any labor dispute cases shall go through arbitration proceedings in accordance with the Labor of the People’s Republic of China to quickly resolve the dispute. For any labor dispute case that undergone arbitration proceedings but has still been prosecuted in court, please provide the following evidence: 　

arbitration application, labor arbitration award, inadmissible notification and decision or overdue inadmissible decision, evidence, and the related evidence on arbitration decision or time notification (such as proof of service and so on). The evidence submitted to arbitration institution at the stage of the labor arbitration should still be submitted to the people's court within the time limit for the submission of persuasion evidence as specified by the people's court in accordance with the burden of persuasion.

3. Evidence on the Labor Contract Relationship

Labor contract relationship is the basis of labor contract disputes. When filing a lawsuit, you are required to submit evidence to prove the existence of the labor contract relationship and the corresponding burden of proof on the respective claims to the court. 　　

3.1 Evidence of the relationship of a labor contract: written labor contract, employer notification, entry registration form, work permit, attendance record, payroll, payroll account transaction records, social insurance payment records and so on.

3.2 If the parties dispute over the dissolution of the labor contract, the party who claims that the existence of the dissolution of labor contract or labor relationship shall bear the burden of proof. 　　

3.3 The employer shall bear the burden of proof in the labor dispute arising from the dismissal, expulsion, dissolution of the labor contract reduction of labor remuneration and the calculation of the working lifespan of the laborer。

4. Evidence of Overtime Work 　　

The party who advocates overtime payment, shall provide evidence of overtime work, but if the laborer can prove that the employer processes evidence of overtime work but has not submitted the evidence, the employer shall bear the adverse consequences.

5. Evidence of Salary, Overtime Payment or Salary Commission 　　

The evidence for salary, overtime payment or salary commission includes: payroll, payroll vouchers, attendance records, overtime record vouchers, salary commission calculation vouchers including the company rules and regulations concerning salary commission, commission work evidence and so on. 　　

6. Evidence Concerning Business Competition Disputes 　　

A party who claims that the labor contract dispute involves the issue of business competition should submit a written labor contract or a business competition agreement with business competition provisions as well as the relevant evidence that the laborer has violated the limitation of business competition.

7. Evidence Concerning Trade Secret Disputes 　　

A confidentiality agreement or other written labor contract concerning the confidential commercial secret agreement should be submitted. The employer who claims that the laborer has violated a confidential commercial secret agreement shall bear the burden of proof. The breach of contract by　a laborer shall be treated as a labor dispute by the employer. The case of an employer who claims that the laborer should bear the liability for disclosing trade secrets shall not be treated as a labor dispute. 　　

If the evidence is not listed, please submit it to the court.