The May 1st New Regulations Have New Requirements for Evidence of Labor Dispute Litigation
Are employees legally counting sick leave from employers through WeChat? What new rules do employees have to abide by to testify in court for colleagues or employers? On May 1, 2020, "Several Provisions of the Supreme People's Court on Evidence in Civil Procedure" (hereinafter referred to as "Provisions") was formally put into effect. It not only established new rules for the evidence of civil proceedings, but also formulated rules and regulations for the employer and collected Safeguarding labor materials has a far-reaching impact on workers' rights protection according to law.
Judge Li Dongjie of the Second Civil Court of Beijing Pinggu Court interpreted the new regulations in the context of labor disputes.
digital data
The authenticity should be combined with multiple factors to make a comprehensive judgment
In the newly implemented "Regulations," "Electronic data includes information published by web platforms such as webpages, blogs, and microblogs; communication information of network application services such as mobile phone text messages, emails, instant messaging, and communication groups; user registration information and identity Authentication information, electronic transaction records, communication records, login logs and other information; documents, pictures, audio, video, digital certificates, computer programs and other electronic files; other digitally stored, processed, and transmitted information that can prove the facts of the case. "
Li Dongjie introduced that in the networked society, the signing, performance, cancellation or termination of labor contracts and the management of labor and employment of employers through network (or electronic data) for information recording and communication have become the norm.
She emphasized that the proof of electronic data should be truthful, complete and proving. The authenticity should be combined with multiple factors for comprehensive judgment, such as whether the hardware and software environment of the computer system on which the electronic data is generated, stored, and transmitted is complete and reliable; whether the electronic data is completely saved, transmitted, extracted, preserved, transmitted, Whether the method of extraction is reliable; whether the subject of saving, transmitting, and extracting electronic data is appropriate, etc. "If the people's court deems it necessary, it may examine and judge the authenticity of electronic data through methods such as identification or survey."
Cross-examination and statements
The court has the power to decide the method of cross-examination and whether to be present
Li Dongjie pointed out that labor relations have a personality dependency, and many of the information interactions between laborers and employers do not have written materials, which poses great difficulties in ascertaining the facts of the case. The "Regulations" stipulates the parties' written cross-examination methods and the norms of being present at the site to be questioned. "The court has the right to decide the cross-examination methods and whether to be present."
She introduced that evidence that the parties issued cross-examination opinions during the pre-trial preparation stage or the investigation and inquiry by the people's court is regarded as cross-examination evidence. "The parties request that the cross-examination opinions be issued in writing. The people's court may grant permission after hearing the other party's opinions. The people's court shall promptly send the written cross-examination opinions to the other party."
"If a party refuses to be present without justifiable reasons, refuses to sign or read a guarantee, or refuses to be questioned, the people ’s court shall integrate the circumstances of the case and judge the authenticity of the fact to be proved. If the fact to be proved is not proved by other evidence, the people ’s court shall Not conducive to the party's determination. "
Witness to testify
Sign the read-out guarantee and accept inquiries from all parties
According to the "Notice on Matters Related to the Establishment of Labor Relations" of the Ministry of Labor and Social Security, the testimony of workers is evidence to confirm labor relations. In this regard, the "Regulations" also comprehensively clarify the norms for witnesses to testify.
"Witnesses, with the permission of the people ’s court, shall testify in written testimony and sign a guarantee; if they testify in the form of audiovisual transmission technology or audiovisual materials, they shall sign a guarantee and read out the contents of the guarantee."
Witnesses should objectively state the facts they have personally felt, and must not use guessing, inference, or commentary when they testify. Witnesses are not allowed to attend court hearings before giving testimony, and they are not allowed to present testimony by reading written materials prepared in advance. Witnesses who have trouble expressing their words may testify by other means of expression.
"After the witnesses testify in court, they can apply to the people's court to pay the witnesses 'testimony costs. If the witnesses have difficulties and need to withdraw the testimony costs in advance, the people's court can pay before the court testimony based on the witness' application."
Li Dongjie reminded that witnesses deliberately made false statements, that participants in litigation or other methods used violence, threats, bribery and other methods to prevent witnesses from giving evidence, or that after witnesses gave evidence, they insulted, defamated, framed, intimidated, beaten and retaliated against them The people's court shall punish the perpetrator according to the circumstances.
Text / Reporter Song Xia