The Employer Shall Bear The Burden Of Proof At The Time Of Entry.

In a labor dispute case between Wen and A, Wen argued that his entry time was January 1999, and that A's official appointment was April 2012.

Wen provided his evidence as proof of his purchase invoice and other evidence, but A company could not provide effective evidence such as entry materials for Wen.

Finally, the labor arbitration agency accepted the evidence provided by Wen and supported the idea of entering the office in 1 months in 1999.

Comment: according to

"The seventh rule states:" the employer shall establish labor relations with the laborers from the date of their own employment.

The employing unit shall set up a staff register for future reference. "

Employers should establish

It should also record the entry time and job position of the laborers through the roster of employees.

In addition, according to the Supreme People's court's hearing

A number of judicial interpretations of the applicable law of the case (1) "thirteenth stipulates:" the employer shall bear the burden of proof as a result of the decision of the employer to expel, remove, dismiss, rescind the labor contract, reduce labor remuneration, and calculate the working life of the worker.

Therefore, the employer should bear the legal consequences of the lack of proof.

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