Common Weaknesses in Employer Evidence Presentation in Labor Dispute Cases

In labor dispute proceedings, employers typically bear a heavier burden of proof regarding the basis for termination, overtime facts, and wage composition. Common weak points in practice fall into three categories: Attendance and Overtime Records: Relying solely on system screenshots without exporting raw data, or failing to clearly define overtime approval procedures in attendance policies, can lead to findings of incomplete records. Performance and Communication Records: Performance improvement plans, meeting minutes, and written warnings lacking employee signatures or verifiable delivery evidence make it difficult to reconstruct the handling process. Democratic Procedures and Public Notice of Rules and Regulations: If rules and regulations are not discussed by the employees' representative congress or all employees, or are not publicly posted or communicated to staff, their validity as a basis for action may be compromised. We recommend that enterprises establish standard procedures for preserving evidence in daily management. Delivering policies, recording face-to-face meetings, and exporting attendance data should become routine HR practices—not actions taken after a dispute arises.