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## Without a Payslip: Pursuing Labor Arbitration in China

In the realm of labor disputes, the absence of a payslip presents a significant obstacle to pursuing arbitration proceedings effectively. According to Chinese law, a payslip is a mandatory document that employers must provide to their employees, detailing the amount of wages earned, deductions made, and other relevant information.

Legal Basis

Article 51 of the Labor Contract Law of the People's Republic of China (hereafter, "Labor Contract Law") explicitly states that "the employer shall issue a payslip to the employee on a timely basis." This requirement is reinforced by Article 103, which stipulates that "if the employer fails to provide the employee with a payslip in accordance with the provisions of this law, the labor administrative department or other relevant departments shall order the employer to rectify the situation and may impose a fine."

Significance of a Payslip

In labor arbitration proceedings, a payslip is a crucial piece of evidence that can support an employee's claims. It provides concrete proof of the amount of wages owed, the timing of payments, and any deductions made by the employer. Without a payslip, employees may face difficulties in establishing their case and proving their entitlement to unpaid wages or other benefits.

Challenges in Arbitration

In cases where employees do not have payslips, arbitration tribunals may still consider other evidence to support their claims. This can include bank statements, records of salary payments, or witness testimony from colleagues or supervisors. However, the absence of a payslip can weaken the employee's case and make it more challenging to persuade the tribunal of their claims.

Presumptions and Burden of Proof

Under Chinese procedural law, the burden of proof in labor arbitration generally rests with the employee. However, in the absence of a payslip, presumptions may shift to the employer. The tribunal may presume that the employer has failed to fulfill its obligation to provide a payslip, and that the employee is entitled to the benefits claimed.

Employer's Obligations

It is important to emphasize that employers have a legal obligation to issue payslips to their employees. Failure to do so can result in legal sanctions, including fines and administrative penalties. Employers should ensure that they adhere to this requirement and provide their employees with accurate and timely payslips.

Recommendations for Employees

In cases where employees do not have payslips, they should take the following steps:

Contact their employer and request a payslip. Keep records of salary payments, such as bank statements or receipts. Obtain witness statements from colleagues or supervisors who are familiar with their salary arrangements. Gather any other relevant evidence that can support their claims, such as contracts or emails. Seek legal assistance from a lawyer who specializes in labor law.

Conclusion

The absence of a payslip can pose significant challenges in labor arbitration proceedings in China. However, employees still have the right to pursue their claims and present evidence to support their case. By understanding the legal basis, presumptions, and employer obligations, employees can navigate the arbitration process and seek remedies for unpaid wages or other violations of their rights.