Replacement of social security to pay double wages, labor arbitration what evidence is needed

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Correct. If the original has been paid a copy, so you can only claim the difference of double wages.

No labor contract signed by the employer should be paid from the second month you double wages, social security, the termination of the labor relations of the employer should also pay economic compensation (legal provisions of the Employment Contract Law, Article 82, 38, 46 and "Regulations for the Implementation of the Employment Contract Law," Article 6, 27). The key point is evidence, you need to have a labor relationship with the employer evidence. As for how much time you have worked, how much salary per month, etc., you can use the principle of "reversal of the burden of proof", the employer to prove, if the employer can not prove, will bear the adverse consequences.

"Reversal of the burden of proof" in the field of labor law widely exist. Articles 6 and 39 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Labor Dispute Cases (III), Article 6 of the Supreme People's Court's Rules Concerning the Evidence of Civil Litigation, and Article 6 of the Circular of the Ministry of Labor and Social Security on the Establishment of Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Relating to the Establishment of Labor Relationships contains provisions in this regard. Wage payment vouchers, social security records, recruitment and enrollment forms, enrollment forms, attendance records, etc. can all be required to be the burden of proof on the employer.

If you want to comprehensively safeguard your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law, and the Social Insurance Law, so that you can know exactly what aspects of your rights and interests have been infringed upon by the employer, and it will benefit you for the rest of your life.

If the employer violates your legal rights and interests, pay attention to collecting evidence. This is important if there is arbitration or litigation in the future.

The time for payment of wages upon termination of the labor contract (or labor relationship) is detailed in Article 9 of the Interim Provisions on Payment of Wages, and the time for payment of economic compensation is detailed in Article 50 of the Labor Contract Law. If the payment is not made on time, it can be done in accordance with Articles 3 and 10 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, and the latter need to be ordered by the labor department and still do not pay in order to claim.

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