What kind of WeChat record can be used as effective evidence?
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At present, the "Decision of the Supreme People's Court on Amending the "Several Provisions on Evidence in Civil Litigation"" has been implemented, which means that in the future, records such as WeChat and Weibo can also be formally used as evidence for litigation.
So, just cut a few pictures at random, can they be used as evidence in court?
The lawyer pointed out that although the methods and procedures for collecting evidence have been clearly stipulated, in actual life, many people are not familiar with the specific operation steps and only provide printouts or screenshots, which may not be recognized by the court.
The procedures, content, and methods of collecting electronic data directly determine the authenticity, legitimacy, power of proof, and relevance to the facts to be verified.
WeChat has now become the most commonly used communication tool.
So, what kind of WeChat records can be used as effective evidence?
A few days ago, a migrant worker took the company to court after being owed wages. When he presented a WeChat evidence, he was told that the remarks of the WeChat group and business card information could be edited by himself, which was arbitrary, so the evidence was true Sex is not recognized.
In the end, he recovered the arrears of wages and compensation through evidence such as attendance records, travel expense reimbursement forms, and employment certificates.
Suffering from wage arrears
In August 2019, He was introduced to a Xinjiang Mine Construction Engineering Co., Ltd., located in the first project department of Shache County, Xinjiang. He was engaged in accounting work. The monthly salary was 8,000 yuan, but the two parties did not sign a labor contract.
What He did not expect was that the company did not pay him the salary between August 2019 and November 2019.
The discussion failed. He applied for arbitration to the Shache County Personnel and Labor Dispute Arbitration Commission. The arbitration committee made an arbitration ruling after the trial. The company assumed the main responsibility for the employment and paid He a double wage of 25,335 yuan and arrears of 29,360 yuan , Overtime pay 27050 yuan.
The company refused to accept the arbitration award and filed a lawsuit with the Shache County People's Court.
The company proposed that He was not an employee of theirs and worked for another company called Xinjiang Construction Engineering Co., Ltd. He actually received the salary from August to November from this company.
In response, He submitted the written evidence on October 31, 2019, stamped with the official seal of a Xinjiang Mine Construction Engineering Co., Ltd., which stated: "Here is an employee of our company. He joined the company on August 5, 2019. For accounting positions in the Finance Department, the monthly basic salary is 8,000 yuan, and the social insurance payment agreement starts to be paid from the time of employment. This is hereby certified."
There is a de facto labor relationship
During the trial, He submitted evidence: the company’s uniformly produced two-dimensional code printout, which can be scanned and identified; the company issued a certificate stating that He was an accountant in the company’s finance department and the company recognized that He was an employee of the company; In addition, He also submitted the company's corporate management system, travel approval process, value-added tax invoices and travel expense reimbursement forms, staff roster and attendance records.
After comprehensive consideration, the Shache County People's Court recognized the authenticity, legality, and relevance of the evidence and accepted it.
Regarding the evidence submitted by a mine construction engineering company in Xinjiang, the court held that it could not prove legal facts such as "there is no labor relationship between the plaintiff and the defendant, and the plaintiff is not the defendant's main body of employment."
Therefore, the court rejected all claims of a mine construction engineering company in Xinjiang.
The company refused to accept it and appealed to the Intermediate People's Court of Kashgar District.
During the second instance, He submitted new evidence from WeChat: a printout of a screenshot of the company’s corporate WeChat group travel expense reimbursement approval process, confirming that He incurred a travel expense of 1,700 yuan on October 22, 2019, which was approved by the company’s legal representative.
The court held that the remarks of the WeChat group and business card information can be edited by themselves, which is arbitrary, so the authenticity of this piece of evidence is not recognized.
In the end, the court ruled that a mine construction and engineering company in Xinjiang paid him 20,781.66 yuan twice the salary of the unsigned labor contract; paid 25,781.66 yuan in arrears; and paid 2,942.56 yuan for overtime.
Can a few screenshots be used as evidence in court?
The judge who heard the case told reporters that Article 1 of the "Notice on Matters Concerning the Establishment of Labor Relations" (Labor and Social Affairs Department [2005] No. 12) stipulates that the employer does not sign a written labor contract for recruiting employees, but it also has the following Circumstances, the labor relationship is established: "(1) The employer and the employee meet the subject qualifications prescribed by laws and regulations; (2) The various labor rules and regulations formulated by the employer in accordance with the law apply to the employee, and the employee is subject to the labor of the employer. Management, engaged in paid labor arranged by the employer; (3) The labor provided by the laborer is an integral part of the business of the employer. "The labor relationship is the legal relationship established between the laborer and the employer, and the laborer accepts the employer's For management, command or supervision, the employer shall pay the labor remuneration for the work arranged by the employer.
Compensation is the basic feature of labor relations, and personal attributes are the essential attributes of labor relations.
The lawyer pointed out that workers should pay attention to collecting and preserving evidence.
The "Supreme People's Court's Decision on Amending the "Several Provisions on Evidence in Civil Litigation"" has been implemented, which means that in the future, WeChat and Weibo records can also be formally used as evidence for litigation.
So, just cut a few pictures at random, can they be used as evidence in court?
Although the methods and procedures for collecting evidence have been clearly stipulated, in actual life, many people are not familiar with the specific operation steps, and only provide printouts or screenshots, which may not be recognized by the court.
The procedures, content, and methods of collecting electronic data directly determine the authenticity, legitimacy, power of proof, and relevance to the facts to be verified.
When submitting WeChat-related evidence, provide a demonstration of the process of using terminal equipment to log in to your own WeChat account; provide the personal information interface of both parties in the chat; provide a complete chat record.
In court, the parties should preserve the original carrier of WeChat for presentation in court. The original carrier includes mobile phones, computers or other electronic devices that store electronic data.