This article describes the process of submitting evidence for labor arbitration and collecting the evidence submitted by the company. It also explains the key information provided by the staff when submitting evidence, including the option to supplement additional claims.
In previous posts, I introduced the arbitration application, as well as the small hiccups that led to withdrawing and refiling the case. I also cited some labor law articles for reference and provided downloads of relevant documents. If needed, feel free to check the earlier two articles.
The last refiling was on March 2, 2021. Two months later, I received a text message notifying me to submit evidence on May 10, 2021.
On the morning of May 10, 2021, I went to the Chaoyang District Labor Arbitration Court to submit evidence. I brought my ID card, the relevant arbitration application documents, and photocopies of the materials. The company had laid off employees on February 5, 2021, and had not paid my wages for February 1 to February 15 by March 15. By May 10, the wages were still unpaid. Note: If your arbitration application has been accepted but you forgot to include certain items, you can add them when submitting evidence. Therefore, I added two claims:
- Demand that the company pay the illegal wages of xxx yuan for February 1 to February 5, 2021.
- Demand that the company pay the year-end bonus of XX yuan.
When submitting evidence, you still need to fill out an evidence list. The list is very simple: a piece of A4 paper with a table. We need to fill in the following:
- Evidence number (from top to bottom: 1, 2, 3, up to 9 rows).
- Name of the evidence material (e.g., "Notice of Termination").
- Type of evidence (if paper-based, it's "documentary evidence").
- Whether the original is available (fill in "Yes" or "No").
- Brief description of what the evidence proves and its content.
- Number of pages (how many pages this piece of evidence consists of).
I had prepared and photocopied everything I needed in advance. At 9:26, I arrived at the counter and saw that the seats in front were empty, so I went over to prepare for processing. After giving my name, the staff member inside said, "Your appointment is at 9:30. Go wait over there."
When the time came, I went to the counter to fill out the evidence list and organized the evidence in the order listed on the sheet. I filled out two identical copies of the evidence list and the evidence materials. I also filled out a form to supplement the additional claims. After reviewing the materials, the staff member said, "You have added claims, and your evidence list is full. From now on, you cannot add any more claims or submit additional evidence, understand?" Then they handed me a "Second Notice to Submit Evidence" and told me to return on May 21, 2021, at 14:00 to collect the evidence (specifically, the evidence submitted by the company).
Let's look at the timeline: The case was filed on March 2, and I was asked to submit evidence on May 10—an interval of over two months. Now, collecting the evidence is scheduled for May 21, another 11-day gap. I have to say, this labor arbitration process has really tested my patience. I have to wait passively, following whatever schedule they set. All I can do is wait for notifications.
On May 21, I went to the Chaoyang District Labor Arbitration Court as scheduled to collect the company's submitted evidence. The court had set the appointment for 14:00. Since the company was only three subway stops away from the court, I didn't take leave from work—I just told my supervisor I'd be back after lunch and left. I arrived at the scene at 13:47 and went to the counter at 14:02. The staff member said, "Wait a bit longer. The person from your company who needs to submit evidence hasn't arrived yet. We'll wait 30 minutes. If no one from the company shows up, we'll consider that the company has no evidence to submit." At 14:15, a woman arrived. At around 14:20, the staff member had me sign, and I left with the company's materials.
I felt no pleasure at all when I walked out—I was unhappy. I've come this far, and I'm no longer anxious; there's no point in being anxious, and I can't rush anything anyway. I can only wait passively for notifications. But I regret that this can't be resolved quickly, that there's no "swift justice." I think even when I finally win, I won't be happy or smile—because this journey has been too exhausting...
(Submitting evidence, as described in this article, is not difficult—it's just a form plus the evidence materials. If you'd like to see the relevant documentation, refer to the attachments at the end of the first article in this series, which include all the forms.)
Next post preview: The arbitration court hearing.