Bibcock news dispatch (reporter Liu Chang Yan) medium application runs in manpower resource as new technology, the evidence in labor dispute also faces new task, e.g. , the check on work attendance on the line is authentic, information of GPS fixed position is accurate. Because GPS fixed position is ambiguous,a salesperson was mixed recently pass a photograph to blur to be maintained to be absent from work, the company should remove accordingly even contract, such whether reasonable?
Xu Mou is the salesperson of some company, he is in a company to execute means of mobile phone check on work attendance to circumstance of inn of the tour of inspection outside the salesperson, the mobile phone that carries pair of salespersons namely undertakes GPS locates, at the same time requirement salesperson uploads data of photograph of cover of photograph put up the shutters, will decide whether do its arrive hillock. Among them, if data of fixed position of mobile phone GPS shows the deviation distance of salesperson and storefront is in 500 meters besides, state employee did not go inn of make one's rounds. , the data of fixed position of mobile phone GPS that the company discovers to Xu Mou has 7 days shows deviation is apart from he and storefront of place make one's rounds in 500 meters besides, and the photograph that Xu Mou uploads relevant storefront is very ambiguous, maintain Xu Mou going these days inn of make one's rounds, uploading photograph is forged. Accordingly, company in order to make some absent from work, forge information for, removed labor contract. Xu Mou thinks the company is to break the law remove labor contract, advocate compensation. Through the arbitration and forensic cognizance, xu Mou's request gets supportive.
Medium application runs in manpower resource as new technology, the evidence in labor dispute also faces new task, for example the accuracy of check on work attendance of the reliability of the check on work attendance on the authenticity of electronic labor contract and legal effectiveness, line, GPS, reflected this. The means that this company uploads photograph of cover of photograph put up the shutters through employee of fixed position of mobile phone GPS and requirement comes check on work attendance, itself of pattern of this kind of management is lawful, but when run way because of this kind and producing labor dispute, unit of choose and employ persons must sufficient quote, want to the new technology element in evidence especially accurate hold. Fixed position of mobile phone GPS because technical reason, itself may be put in certain deviation, and because mobile phone model, party is located,mobile phone GPS locates the position differs, all put possibly in different situation on fixed position deviation, accordingly, here the company did not offer other evidence to prove mobile phone GPS locates data is in on the technology below the situation that did not produce deviation, make some absent from work according to maintaining by this only, the basis is insufficient, the photograph that at the same time the company holds to Xu Mou uploads shows faintness, should be to forge, but the company did not offer evidence to prove, also cannot get the court is adopted.
" labor dispute mediates arbitral law " the 6th regulation, produce labor dispute, party advocates to what he puts forward, responsible provide evidence. The evidence that concerns with controversy item belongs to unit of choose and employ persons to master management, unit of choose and employ persons ought to be offerred; Unit of choose and employ persons does not offer, ought to bear adverse consequence.
