Worker dimension authority does not have evidence however, good gather evidence not easily, be pointed to those who forge to be by the other side again, can be lawsuit still hit win?
2015, zhang Lan applies for company of a trade of Beijing, be sold some inn of field to be engaged in guiding the member that buy works to electric equipment by the clique. The worker before the company asks to go to work everyday needs to pat a photograph to upload company net to go up, regard check on work attendance as the record. December 2016, because of network breakdown, zhang Lan cannot upload a photograph a lot of days. After passing newly 2017, did not think of the unit fired her because of absent from work.
Zhang Lan refuses to obey, come round to consult a lawyer. After the lawyer is analysed, think, zhang Lan whether be out on duty, whether absent from work cannot serve as a basis with uploading a photograph merely, core problem is Zhang Lan has on guard to provide work after all.
Regrettablly Zhang Lan does not have evidence. Then the lawyer coachs she found door inn to issue " the job proves " , there are door inn merchant and digital branch chief above sign and sell a stamp, this proof confirmed clearly advocate in the unit she is actual during her absent from work the fact that on guard works. Lawyer immediately helped Zhang Lan mention arbitral application, requirement unit pays violate dismissal economy to compensate gold 28 thousand yuan. Final Zhang Lan won the arbitration.
This offend angry unit, offer the application that cancel arbitration adjudicates on to the court directly, reason is mistake of arbitral adjudication cognizance fact, and Zhang Lan forges evidence. For this, the unit finds inn of Le Yi door technically to issue written document, the proof guides the member that buy does not undertake check on work attendance by them, they also have no right to issue the job to prove. In the meantime, the company still lets merchant issue a proof, deny in " the job proves " going up is his oneself autograph, with this specification this evidence fastens Zhang Lan to forge.
Additional, door shop store is long deny its to be in " the job proves " on sign, but above those who have digital director sign and sell use at extending the quadrate seal of gift, the lawyer puts forward, digital director has administrative to Zhang Lan directly, his sign one's name is real as much effective. According to the convention in inn, inn grows the meeting when be absent to entrust relevant personnel to sign for you, although " the job proves " on be not inn to grow his to sign, also cannot reach this proof is bogus conclusion.
In the lawyer argue strongly under, the court gathers the overall evidence that believed a lawyer to put forward, the ruling rejected the application that company cancel arbitration adjudicates on.
The lawyer reminds: It is difficult to obtain evidence in this case, but more difficult is when obtaining evidence, should ensure evidence does not have a flaw. Issue in requirement door inn for instance " the job proves " when, the lawyer asks Zhang Lan must be worn soon in person digital director signs, affix one's seal of special requirement, going up because of these detail of preparation sufficient, ability produces conclusive effect in the moment of truth.
Send Yu Fan of sincere commonweal lawyer
