There Are Six Ways To Collect Evidence Of Serious Violation By Employers.

The labor contract law has made relevant provisions on the termination of labor contracts by employers. It also pointed out that the basic conditions for legal dismissal of employees include three main points: legitimate reasons, sufficient evidence, and proper procedures.

Then, how can employers collect evidence of serious violation of discipline?

For the fact evidence of serious violation of discipline, the employer can fix the following methods:

1. A written review, a repentance, an employee's signature confirmation, etc.

After a serious violation of discipline, employees in charge of a unit should talk to them, point out the serious consequences of their employees' actions, and put forward the writing requirements: they should give a complete statement of the time, place, persons or units involved, the causes and process of violation of discipline, and the consequences of damage to the unit.

There must be disciplinary staff in writing materials.

Violation of discipline records should clearly record the facts of violation of discipline, and the specific provisions of the unit rules and regulations that result from the damage results and disciplinary actions.

If it is possible to violate discipline records, it should be filled out by the disciplinary staff. If the employee is unable to write by himself, the staff member of the unit shall inform the violating staff himself by way of reading the contents of the completed copy, and signed by the disciplinary staff himself, "all the contents of the form have been understood, and I will recognize" and other similar languages.

3. Testimony of other employees and insiders

Colleagues who work with disciplinary staff are most clear about the violation of discipline, and their testimony is closest to the facts.

But because of their strong relationship with disciplinary staff, their testimony is less effective and generally can not be used as evidence for determining facts alone.

If the unit has other auxiliary evidence to form a complete evidence chain with the evidence, it can be the basis for determining the facts.

The testimony of non unit employees is more powerful than the testimony issued by employees.

For example, machinery and equipment and other items damaged by disciplinary staff are effective evidence to prove the violation of discipline.

If the employee's disciplinary actions are seriously affected, the enterprises concerned will be subject to administrative penalties. The relevant government departments will issue a written decision on administrative penalty. If the employees violate the discipline, the enterprises will pay for the third party's liquidated damages or other losses, and the enterprise shall retain relevant written evidence.

For employees who have illegal acts (such as gambling, theft, etc.), they can ask the relevant departments of the government to deal with them. The conclusion or record of government departments may be strong evidence.

For employees who violate the rules of "big mistake, small mistake", they should follow the record at ordinary times.

6. Other relevant documentary evidence and audio-visual materials.

The video recording materials, which are equipped with surveillance videos, and the relevant video recording materials in the process, can be used as evidence.

In addition, evidence of photos, records, testimony, WeChat, SMS and other evidence of employees' violation of discipline indirectly proves that employees do exist serious violation of discipline, but the evidence itself is easy to be modified.