How to ask the employer to provide the court with salary slips and attendance sheets?

In the civil litigation of labor dispute, if the employee cannot provide the wage payment voucher or record or attendance sheet, the employer shall clearly request it in the complaint.

Legal basis:

Rules for handling labor dispute cases

Article 17 The parties have the responsibility to provide evidence of their own claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it; If the employer fails to provide it, it shall bear the adverse consequences.

Article 18 If there is no specific provision in the law and the burden of proof cannot be determined according to the provisions of Article 17 of these Rules, the arbitration tribunal may determine the burden of proof based on the principles of fairness, good faith and comprehensive consideration of the parties' ability to provide evidence.

Article 19 The party with the burden of proof shall provide relevant evidence within the time limit specified by the Arbitration Commission. If the parties fail to provide it within the prescribed time limit, they shall bear the adverse consequences.

Article 20 The arbitration commission may, at the request of the parties, collect evidence that the parties cannot collect by themselves due to objective reasons with reference to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC); If the Arbitration Commission deems it necessary, it may also decide to collect the fees with reference to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC).

Article 6 of the Supreme People's Court's Provisions on Evidence in Civil Litigation and Article 13 of Interpretation on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases also stipulate.

The employer shall bear the burden of proof for labor disputes arising from decisions made by the employer such as dismissal, expulsion, dismissal, dissolution of labor contracts, reduction of labor remuneration, and calculation of the working years of workers.

Article 2 of the Notice of the Ministry of Labor and Social Security on Relevant Matters Concerning the Establishment of Labor Relations:

If the employer has not signed a labor contract with the employee, it can refer to the following documents when determining that there is a labor relationship between the two parties: (1) wage payment vouchers or records (employee wage roster) and records of paying various social insurance premiums; (2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee; (3) Employment records such as Registration Form and Application Form filled out by employees; (4) attendance records; (5) Testimonies of other workers, etc. Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.