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Arbitration Evidence and Employee Handbooks in China

In arbitration proceedings in China, employee handbooks can serve as valuable evidence to support claims or defenses. Employee handbooks outline the employer's policies, procedures, and workplace rules. They provide written documentation that can be used to establish the rights and obligations of both the employer and the employee.

Relevance of Employee Handbooks in Arbitration

Employee handbooks are relevant to arbitration in several ways:

Establishing Employer Policies: Handbooks provide evidence of the employer's policies on various matters, such as attendance, performance evaluation, disciplinary actions, and grievance procedures. Documenting Employee Acknowledgment: Handbooks often include a section where employees acknowledge receipt and understanding of the policies and procedures outlined in the handbook. This acknowledgment can strengthen the employer's position in disputes over policy violations. Providing Context for Employee Conduct: Handbooks can help to explain and justify certain employee actions or decisions. For example, an employee handbook may provide guidance on acceptable use of company property, which can be relevant in disputes over alleged misuse.

Admissibility of Employee Handbooks in Arbitration

Employee handbooks are generally admissible as evidence in arbitration if they are:

Relevant to the dispute: The handbook must contain provisions that are relevant to the claims or defenses being raised. Authentic: The handbook must be genuine and have been properly authenticated, typically by testimony from a witness with knowledge of its creation and distribution. Unaltered: The handbook must not have been materially altered or amended after the events giving rise to the dispute.

Burden of Proof

The party submitting the employee handbook as evidence has the burden of proving its relevance, authenticity, and unaltered condition. The opposing party may challenge the admissibility of the handbook by presenting evidence to the contrary.

Interpretation of Employee Handbooks

In interpreting employee handbooks, arbitrators will consider several factors, including:

Plain Meaning: The handbook should be interpreted according to its plain meaning, as understood by a reasonable employee. Context: The handbook's provisions should be considered in the context of the entire document and in light of the employer's policies and practices. Fairness: Arbitrators will strive to interpret the handbook in a way that is fair and equitable to both parties.

Limitations of Employee Handbooks as Evidence

While employee handbooks can be valuable evidence in arbitration, they are not without limitations. Handbooks may not always be fully comprehensive or updated to reflect current practices. Additionally, employees may not always fully understand or follow the policies outlined in the handbook.

Conclusion

Employee handbooks can play a significant role in arbitration proceedings in China. They provide written documentation of employer policies and employee acknowledgment. When properly admitted and interpreted, employee handbooks can help to establish the rights and obligations of the parties and provide valuable context for understanding employee conduct. However, it is important to note the limitations of handbooks as evidence and consider them in conjunction with other relevant materials.