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Labor Arbitration Salary Certificate

Introduction

In labor arbitration proceedings, it is often necessary to establish the employee's salary as evidence in support of claims related to unpaid wages, overtime compensation, or severance pay. To this end, a wage certificate is an essential document that provides an official record of an employee's earnings.

Legal Basis in China

In China, the Labor Contract Law (Article 51) mandates that employers must provide employees with a written wage certificate upon termination of the employment contract. This certificate must include the employee's name, the period of employment, the amount and components of the employee's salary, and any other relevant information.

Furthermore, the Provisions on Arbitration of Labor Disputes (Article 19) require the party requesting arbitration to submit a wage certificate as evidence in support of their claims.

Content and Format

A valid salary certificate typically includes the following information:

Name of the employer Employee's name Period of employment Total gross salary Breakdown of salary components (e.g., base salary, allowances, bonuses) Any outstanding salary payments or deductions

The certificate should be signed by an authorized representative of the employer and bear the company's official seal.

Process for Obtaining a Salary Certificate

In cases where an employer refuses or delays providing a salary certificate, the employee may request the assistance of the local labor arbitration commission. The commission will typically issue a notice to the employer, requiring them to provide the certificate within a specified timeframe.

Role in Labor Arbitration

In labor arbitration proceedings, the wage certificate serves as prima facie evidence of the employee's earnings. It is used to establish the amount of unpaid wages or other compensation that the employee is owed. The employer may contest the accuracy of the certificate by providing counter-evidence, but the burden of proof lies with them.

Evidentiary Value

The weight accorded to a wage certificate in labor arbitration depends on its credibility and reliability. Factors that may affect its evidentiary value include:

The employer's reputation and compliance with labor laws The completeness and accuracy of the certificate The employee's corroborating evidence, such as payslips or bank statements The presence of any disputes or discrepancies between the employer and employee

Legal Consequences of Non-Compliance

Employers who fail to provide a wage certificate upon request may face legal consequences, including:

Administrative penalties under the Labor Contract Law Adverse inferences drawn in labor arbitration proceedings Potential liabilities for unpaid wages or other compensation

Conclusion

In labor arbitration proceedings, a wage certificate is an indispensable document that provides official evidence of an employee's salary. It is a legal requirement for employers to issue wage certificates upon termination of employment, and the failure to do so may result in adverse consequences. By understanding the content, format, and evidentiary value of wage certificates, employees can effectively protect their rights in labor disputes.