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A regular worker wants to understand the legal knowledge necessary for work, such as labor contracts, wages, working hours, and ways to protect their rights. First, I should consider what the user's needs are and what common problems they might encounter, such as unpaid wages, overtime without compensation, or being dismissed without cause.

Next, I need to determine the structure of the response. It may need to be divided into several main parts, such as labor contracts, wages and working hours, social security and benefits, termination of labor contracts, ways to protect rights, and special group protections. Each part should then be subdivided into key points, such as discussing signing, content, probation periods, and invalid contracts within labor contracts.

Then, I need to ensure that the language is simple and easy to understand, as users may not be legal professionals, so I should avoid too much jargon or, if jargon is used, explain it clearly. For example, terms like "N+1 compensation" need a simple explanation of what they mean to help users understand.

I should also consider potential misconceptions users might have, such as thinking that employees can be dismissed at will during the probation period, or not knowing how overtime pay is calculated. At this point, I need to point out the correct legal provisions, such as that dismissal during the probation period also requires a legal reason, and that overtime pay is 1.5 times the regular rate on weekdays, 2 times on rest days, and 3 times on statutory holidays.

Additionally, users may be concerned about ways to protect their rights, such as where to file complaints and what evidence to prepare. This part needs to be explained in detail, such as the differences between the labor inspection team, arbitration committee, and courts, as well as their respective processes and time limits. I should also remind them of the importance of retaining evidence, such as labor contracts, pay slips, and attendance records.

I also need to pay attention to the protection of special groups, such as the protection of female workers during pregnancy, special regulations for minors, and different treatment for labor dispatch and interns. These may be areas that users are not very clear about and need special explanation.

Finally, I may need to summarize and remind users that the law is a tool for protecting themselves, and they should bravely defend their rights when encountering problems. I might also need to recommend some practical resources, such as articles of labor law or relevant public accounts and websites for users to consult further.

During the thought process, I should check for any important points that may have been overlooked, such as handling work-related injuries, calculating economic compensation, or non-compete clauses. Are these within the scope of essential knowledge? It may be necessary to judge based on common issues, such as work-related injuries being quite important and should be included. Non-compete clauses may be more relevant for senior positions, but mentioning them briefly is also acceptable.

I also need to pay attention to the format; users may prefer clear information presented in bullet points, with each section having a subheading, and key points highlighted in bold or with symbols. This way, it is convenient for users to find the parts they are concerned about.

In summary, it is essential to ensure that the content is comprehensive, covering the most common legal issues faced by workers, while the language is concise and clear, providing practical advice and solutions to help them protect their rights.

As a worker, understanding basic labor law knowledge is an important weapon for protecting one's rights. Here is a simplified version of "Essential Legal Knowledge" to help you avoid pitfalls and protect your rights in the workplace:

The first step in explaining specific solutions and implementing workplace protection measures is to start with the labor contract, understanding our treatment from the labor contract, and understanding our costs. The labor contract is the first legal document we sign when joining a company; it is the most basic and important document. For the vast majority of ordinary workers, you will not have the opportunity to modify this legal document.

The contract text signed by the company is the final signed version. How to sign correctly? First, three sentences: First, in the workplace, words should not be spoken carelessly, and signatures should not be signed carelessly. Second, there is no unimportant signature; as long as a signature is required, it indicates that it is already very important. If it were unimportant, would you need to sign it? Third, as long as you sign, you need to bear responsibility, cleverly and correctly retaining work records.#

Strictly speaking, this is a habit of work, not a legal matter. However, if something happens that requires you to bear responsibility, work records will help your brain cope with workplace Poa. This is something that we workers find very annoying and helpless, and it has become an increasingly prevalent workplace tumor. As workers in the workplace, we must maintain kindness and hope.

1. Labor Contract Section#

Must sign a written contract

A contract must be signed within one month of employment; otherwise, from the second month onwards, double wages can be requested (up to 11 months).
Beware of blank contracts: Before signing, be sure to confirm that the terms (position, salary, working hours, etc.) are consistent with the agreement.
The probation period is not a "free use period"

Duration: Contract period ≥ 3 years, probation period ≤ 6 months; contract period ≤ 1 year, probation period ≤ 1 month.
Salary: Must not be lower than 80% of the agreed salary or the local minimum wage standard.
Dismissal requires proof of "not meeting hiring conditions"; otherwise, it is considered unlawful termination.
Beware of "invalid clauses"

Clauses such as "voluntarily waiving social security," "work-related injuries are self-managed," and "no compensation for overtime" are invalid, and even if signed, rights can be defended.

2. Wages and Working Hours Section#

Minimum wage

Must not be lower than the local minimum wage standard (even during the probation period or piecework wages).
If wages are overdue for more than 30 days, it can be considered "malicious wage arrears," and criminal responsibility can be pursued by reporting to the police.
Overtime pay calculation

Overtime on weekdays: 1.5 times the salary; overtime on rest days: 2 times (or compensatory time off); statutory holidays: 3 times.
Key to evidence: Retain overtime notifications, attendance records, and work communication records.
Comprehensive working hours and irregular working hours

Must be approved by the labor department; otherwise, the standard working hours system is defaulted (daily ≤ 8 hours, weekly ≤ 40 hours).

3. Social Security and Benefits Section#

Five insurances and one fund are mandatory

The unit cannot replace social security with "cash subsidies"; otherwise, it can be reported to the social security bureau.
Unemployment insurance after leaving: If contributions are made for more than 1 year and leave involuntarily, unemployment benefits can be claimed.
Recognition of work-related injuries

Traffic accidents on the way to and from work (not primarily responsible) are considered work-related injuries; sudden illnesses resulting in death within 48 hours are treated as work-related injuries.
Timely action: Must be reported by the unit within 30 days; otherwise, it can be applied for independently.

4. Termination and Compensation Section#

Dismissal protection

Units cannot dismiss employees arbitrarily; the following situations constitute unlawful termination:
✓ Female employees during pregnancy/ maternity/ breastfeeding
✓ Loss of labor ability due to work-related injuries
✓ Illness during the medical period
Unlawful termination can request continued performance of the contract or double economic compensation.
Economic compensation calculation

Differences between N, N+1, and 2N:
✓ N: One month’s salary for each year worked (negotiated termination, contract expiration without renewal, etc.)
✓ N+1: Compensation when terminated without 30 days' notice (limited to statutory circumstances)
✓ 2N: Compensation when the unit unlawfully terminates

5. Ways to Protect Rights#

Three-step strategy

Negotiation: First communicate with the unit, retaining written evidence (emails, chat records).
Complaint: Report to the local labor inspection team (quick processing, suitable for wage arrears, non-payment of social security, etc.).
Arbitration: Apply for arbitration with the labor arbitration committee (free, validity of 1 year); if dissatisfied with the result, can sue in court.
Key evidence checklist

Labor contract, pay slips, attendance records, social security payment records, dismissal notices, work communication records, etc.

6. Protection of Special Groups#

Female employees:
✓ Wages during maternity leave are paid by maternity insurance, with the unit making up the difference.
✓ Pregnant women should not be assigned night shifts or high-intensity labor; breastfeeding period allows for one hour of breastfeeding time daily.
Minors: Prohibited from being assigned to underground mines or toxic and harmful work, with weekly working hours ≤ 40 hours.
Labor dispatch/interns: Same pay for the same work as formal employees; interns must also sign agreements and receive compensation.

Summary in One Sentence#

The law does not protect those who sleep on their rights! When encountering infringement, calmly collect evidence, make good use of the 12333 labor security hotline, local arbitration committees, and other channels to bravely defend your legal rights.

Understanding Key Clauses in Labor Contracts#

Interpretation of key clauses in labor contracts
When signing a labor contract, focus on the following core clauses to protect your rights:

1. Basic Information Clauses#

Both parties' information

Employer's name, address, legal representative; worker's name, ID number, address.
Tip: Verify the accuracy of the information to avoid risks of "shell companies" or unclear entities.
Contract duration and type

Clarify the type of contract: fixed term (e.g., 1 year), indefinite term (no termination time), or task completion-based.
Note: After working continuously for 10 years or signing two consecutive fixed-term contracts, you can request an indefinite-term contract.

2. Core Rights Clauses#

Work content and location

Specific position, scope of responsibilities, and work location must be clearly stipulated to avoid vague expressions (e.g., "national deployment").
Risk point: If subsequent job changes or relocations occur, both parties must negotiate and agree; unilateral forced changes are not allowed.
Salary and benefits

Salary composition (base salary, performance, bonuses), payment time and method (pre-tax/post-tax).
Social insurance (five insurances and one fund) contribution ratio, additional benefits (meal allowances, housing subsidies, etc.) must be clarified.
Working hours and leave

Working hour system (standard, comprehensive calculation, or irregular), overtime regulations, annual leave/sick leave/statutory holiday arrangements.
Key point: Overtime must have a written agreement, and overtime pay must comply with legal standards.

3. Protective Clauses#

Labor protection and conditions

The employer must provide a safe working environment, protective equipment, and clarify occupational hazard notification obligations.
Legal requirements: For high-risk industries, regular health checks and specialized training must be provided.
Termination and cancellation of the contract

Legal termination conditions (e.g., mutual agreement, employee resignation, unit layoffs) and compensation standards.
Beware: Contracts must not contain illegal clauses such as "unconditional termination."

Confidentiality and Non-Compete#

Scope of confidentiality obligations, duration of non-compete (not exceeding 2 years), and compensation standards (usually 30%-60% of monthly salary).
Note: Non-compete clauses without stipulated compensation are invalid.

4. Risk Clauses Easily Overlooked#

Probation period regulations

The probation period length is linked to the contract duration (e.g., 3 months ≤ contract period < 1 year, probation period ≤ 1 month).
Trap: The probation salary must not be lower than 80% of the formal salary, and social security must be paid.
Breach of contract liability

Only service period breach penalties (e.g., leaving after specialized training) and compensation for violating confidentiality/non-compete clauses are allowed.
Invalid clauses: Such as "penalty for not completing the contract period" are illegal breach penalty requirements.

Signing Precautions#

Review each clause: Avoid blank clauses, beware of "yin-yang contracts," or verbal promises inconsistent with written content.
Retain evidence: After signing, be sure to keep the original contract; electronic contracts must confirm legal validity.
Ways to protect rights: If clauses are illegal (e.g., refusal to pay social security, forced overtime), complaints can be made to labor inspection departments or arbitration can be applied for.
The labor contract is an important basis for the labor relationship; it is recommended to consult professionals or verify the legality of clauses through official channels (e.g., human resources bureau) before signing to ensure that your rights are not infringed.

If you encounter unreasonable 霸王条款，should I sign or not? My answer is that the workplace is always about accountability. I want to emphasize that you need to know what is clear, what is vague, and at least have a general understanding of the vague space. Only in this way can you take preventive measures from a legal perspective to prevent the negative side from appearing. What should you do if it does? Hello everyone, the first step in workplace protection measures is to start with the labor contract, understanding our treatment from the labor contract, and understanding our costs.

• The labor contract is the first legal document we sign when joining a company; it is the most basic and important document. For the vast majority of ordinary workers, you will not have the opportunity to modify this legal document. The contract text signed by the company is the final signed version. Generally, apart from discussing filling in the blanks with HR, you are left with two choices: either sign or give up, with very few opportunities for modification, even for one clause. If there are more than two clauses, some students may have questions. If I see some 霸王条款 that I think are unreasonable, should I sign or not? My answer is that you can first conduct a background check on the company. Generally, before signing a contract, companies often conduct background checks on candidates, and similarly, we workers should also conduct background checks on the company. I will briefly introduce a few methods:

First, check the company's litigation situation. Use websites like Qichacha or Tianyancha to get a simple overview of the company's equity structure, see who the actual controller is, who the shareholders are, and who they have invested in, etc. Once you have this basic information, search for corresponding judgment documents on the China Judgments Online and the court website in the company's location, such as the Beijing Court's trial information website. Pay attention to check these data sources directly, as they tend to be more comprehensive than those on query websites.

Second, analyze the company's litigation situation. Generally, larger companies with a slightly longer history will have quite a few lawsuits, so if you find a pile of judgment documents, do a simple analysis of how many labor disputes there are and what the reasons are. Are there many commercial disputes, and what is the risk level?

Third, check the actual control situation of the actual controller. Go to the Supreme Court's website, where there is a section called the China Execution Information Disclosure Network. Enter the name of the actual controller to see if they are on the list of dishonest persons subject to enforcement. If the background check does not reveal major issues, and if this is still a job you desire, and if your email does not have several other offers lying around, then you do not need to worry too much; just sign. What you need to do is to truly understand this legal document before or after signing. Only by truly understanding it can you prepare the most suitable protective measures accordingly.

To understand a labor contract, there are three key points. The first key point is to understand the clear clauses.

Specifically, there are three key contents:

• First is the signing parties; you need to clearly see who the party A in the labor contract is, the name of the company, address, and whether the legal person is consistent with the company you are going to work for. If they are consistent, that is best; if not, you need to clarify it first. It is common for the signing party and the actual working party to be inconsistent, so do not be surprised. For example, if you work for Tencent, the legal person of the signing party is unlikely to be Pony Ma. Generally, when the signing party and the actual working company are inconsistent, there are four common situations.
  • The first situation is that you may be employed by a large company, and your job position is at the headquarters, but the signing party may be its subsidiary. This situation is quite common.
  • The second situation is that you are signing with a human resources service company. This is also quite common; many startups do this, concentrating on procuring third-party human resources services.
  • The third situation is that the signing party is a completely different company, and there seems to be no relationship with the company you are signing with. Generally, HR may tell you that this is their project company, and this situation is also not uncommon. The fourth situation is rarer; you might be signing with an individual business or a company that asks you to sign with an individual business they established. This situation is less common but has been seen, and it has been done by a certain large domestic company in the past. They changed the labor relationship between the company and employees into a cooperation relationship between the company and employees.

As a worker, if you encounter or are already in this situation, do not worry too much. Just make corresponding arrangements, and there should not be too many problems. In the first, second, and third situations, you should first care about whether the signing company and the actual service company are in the same procedure, as this will truly involve your money.

For example, the minimum wage levels and social security between different cities are different, and these are all related to your money. If they are in the same city, that is best; if not, you need to weigh it. This is the first point.
Secondly, if this situation already exists, you need to pay attention to retaining some personal work trace records. As for how to correctly and cleverly retain work trace records, I will specifically talk about it later. The fourth situation is rarer; as far as I know, it has been stopped by management departments, but I believe there will still be individual cases. In this situation, everyone should pay attention; if possible, try not to sign. Essentially, this has exceeded the protection range of the Labor Contract Law for us workers; it belongs to another form of contract.

Secondly, if this situation already exists, you need to pay attention to retaining some personal work trace records. As for how to correctly and cleverly retain work trace records, I will specifically talk about it later. The fourth situation is rarer; as far as I know, it has been stopped by management departments, but I believe there will still be individual cases. In this situation, everyone should pay attention; if possible, try not to sign. Essentially, this has exceeded the protection range of the Labor Contract Law for us workers; it belongs to another form of contract.

The second key content is your job position and location. This part has clear job position names and work location names, but it is often followed by one or more vague clauses. We will focus on discussing vague clauses later when we talk about the third key content, which is your salary treatment. In this part, you should pay special attention to what the base salary is, as the base salary directly relates to social security contributions.

In addition, you need to pay attention to the length of the probation period and the salary. For a labor contract with a duration of 1 year or less, the probation period must not exceed one month; for a duration of more than 1 year and less than 3 years, it must not exceed two months; and for a duration of more than 3 years, it must not exceed 6 months. The probation salary must not be lower than 80% of the agreed salary or the local minimum level. This part is generally quite standardized now; if it is not standardized, the enterprise will face the risk of being reported and heavily fined, so enterprises generally will not go too far.

Alright, these few points are the three key contents you need to understand about labor contracts, which are three clear and definite contents: who to sign with, job position and location, and salary and bonuses. This is the first key point in understanding labor contracts, which includes three key contents.

The second key point is that we need to understand the vague clauses in the labor contract. It can be said that in a large number of common labor contracts, there are many vague clauses; basically, every clear clause will have a vague clause following it, and almost every vague clause will obscure those clear clauses.

For example, let’s look at the following two clauses, which are very common in labor contracts: "According to the needs of Party A's work, Party B agrees to hold a certain position, and during the appointment period, Party B's main work location will be in a certain province and city. Party B agrees to work at the work location arranged by Party A according to Party A's work needs and to undertake business trips within and outside China as arranged by Party A." The first clause clearly states the position, but in the second clause, it becomes vague, as Party B agrees to comply with Party A's arrangements for work locations. Pay attention to this; the department and position not only include the position already agreed upon in the contract but also other departments and positions. So, while it seems that the position is clarified in the first clause, in reality, it can be changed according to Party A's needs. As long as Party A's work needs change, Party B must comply with Party A's arrangements and adjustments. How Party A's work needs change and how Party A arranges this is the vague space. Of course, this is not necessarily a bad thing; if the boss promotes you, that also falls under the changes in Party A's work needs. You need to comply with that.

Generally speaking, when agreeing on job positions and work content, it will not be overly detailed or overly broad. For example, many companies will agree on management positions, production positions, and sales positions, and some will agree based on departments, such as agreeing to work in the finance department for financial work or in the human resources department for human resources work. Some high-end positions, such as general managers, are generally not specified in such detail and are mostly agreed upon as executive positions.

Let’s also look at the issue of work locations; the information provided is also very vague, such as a certain province and a certain city, which means that as long as it is in that city, it is acceptable. For example, if you are in Beijing and the company changes your work location from a certain area to another area, it does not violate this labor contract. Now let’s look at a clause: "Party B's salary is based on the amount agreed upon in the salary confirmation document, and all salaries are pre-tax salaries, and Party A's entrusted company will withhold and pay personal income tax from Party B's salary."

This is a clause with a lot of information. First, it can be confirmed that there is no specific salary number in this contract; instead, it uses a salary confirmation document as a supporting clause. Secondly, if certain conditions change, Party A can issue a notice to adjust Party B's salary standard. And the withholding and payment are done by a third-party company entrusted by Party A, not Party A's company. Isn't that a bit complicated? But I can assure you that this is very common. Is this example similar to the previous one? Originally, there was a very clear salary standard agreement, but it was easily obscured.

From a positive perspective, workers should expect such changes because you need to grow, get promoted, and receive raises; these all fall under changes in certain conditions. However, from a less positive perspective, you may feel a bit anxious. The workplace is always about moving forward or falling behind. I want to emphasize that you need to know what is clear, what is vague, and at least have a general understanding of the vague space. Only in this way can you take preventive measures from a legal perspective to prevent the negative side from appearing. What should you do if it does? This is the significance of learning workplace law.

We need to understand where problems may arise, try to avoid such problems, and if problems do occur, how we can reasonably and legally protect our interests without too much hassle. Don’t worry; I will gradually discuss specific response strategies later. Let’s continue to the third key point, which is that we need to understand the supporting clauses in labor contracts.

Similar to the previous two parts, supporting clauses need to be carefully reviewed because most supporting clauses are "toothy" clauses. They can bite. The following are several common documents that need to be signed together with the labor contract, such as job descriptions, appointment letters, confidentiality agreements, non-compete agreements, employee handbooks, salary confirmation documents, and management systems established by the company according to legal procedures. If you have time, it is best to carefully read all the clauses in these documents, especially the employee handbook. I strongly recommend that you slowly read it page by page and be aware of some key content. If the company has an unpleasant interaction with the employee, in most cases, the company will find a corresponding punishment basis from the employee handbook, accuse you of violating the employee handbook, and then take action.

Therefore, this is "toothy," and it can bite. For many workers, sometimes they may have the illusion that the company is too formalistic, and the employee handbook is thicker than a book. Which employee can remember it all? But have you noticed that when you join the company, the company or the HR will showcase this formalism to the extreme? They will insist that you sign your name on every page of this employee handbook and may even require you to write a statement saying, "I have read all of it, fully understand, and confirm." So if you really think this is formalism, then you are naive.

Of course, you do not need to memorize the entire employee handbook; that is unrealistic. Even the most skilled criminal law scholars cannot memorize the entire criminal law, right? As workers, signing a labor contract means we join a company with beautiful expectations, looking forward to the start of a career journey. Therefore, whether it is the main text of the labor contract or the attachments, as long as the key aspects such as job position, location, salary, and bonuses are consistent with your expectations, you can sign with confidence. For some obviously unreasonable 霸王条款，we can ignore them; labor law and labor contract law will protect us. In case of problems, these will be deemed invalid clauses. We need to focus on those vague clauses that bring uncertainty and the "toothy" supporting clauses. As long as we can identify these, and as long as we can prepare in advance, we will have the ability to protect ourselves from harm.

In addition to the key points mentioned above, there are also a few special situations that we workers should be vigilant about.

• The first is to avoid signing particularly simple labor contracts, such as those without many details, one page or one and a half pages long. They seem to be clearly agreed upon, but in reality, there are many problems.

• The second is to avoid signing yin-yang contracts. I have seen some bizarre operations where the contract stipulates a high salary, but after receiving the salary, a portion must be given to the boss. Such under-the-table contracts can easily lead to many unclear issues.

• The third is to avoid signing oral contracts. Oral agreements are not reliable, and people easily forget, leading to disputes. The fourth is to avoid contracts that require us to pay deposits. Excellent companies, upon seeing excellent candidates, often even cover the cost of flights during interviews. Therefore, companies that collect deposits for various reasons are all bad companies; it is better not to go.

The labor contracts we discussed today are limited to companies operating within China. If you are dispatched to work abroad, there will be other agreements, which we will not elaborate on.

Please Sign Company Documents Correctly#

If there are obvious violations, then you must not sign. For example, if there are large expenditures or significant commercial contracts that you do not understand, and you are confused about what is going on, do not sign. If your boss asks you to falsify accounts or provide false testimony, these are things you must not sign, even if it means offending your boss. If something goes wrong, you will definitely be held responsible. Hello everyone, today we will talk about how to sign correctly. First, three sentences: First, in the workplace, words should not be spoken carelessly, and signatures should not be signed carelessly. Second, there is no unimportant signature; as long as a signature is required, it indicates that it is already very important. If it were unimportant, would you need to sign it? Third, as long as you sign, you need to bear responsibility. The above three sentences are the basic understanding of how to sign correctly today; you must have a deep understanding of these three sentences. As a worker, you must do your best to sign correctly and minimize risks from legal or other aspects. First, let’s categorize the common signing behaviors in the workplace into three main categories:

The first category represents personal behavior, which is your own signature.
The second category represents company behavior, which is a duty-related signature.
The third category is very dangerous, which is behavior on the edge of risk.

• Let’s first look at the first category, which is personal behavior represented by your signature. The first legal document you sign when joining a company is the labor contract. We discussed the key points of labor contract clauses in the first lesson. Now, when it’s time to sign, please check again whether the contact information you leave for the company, including address and contact details, is correct. Remember, this is very important; it must be correct. If your address or contact information changes in the future, you must formally notify the company’s HR in writing. Emails and DingTalk messages are also forms of written communication. When you sign the labor contract, there will also be a series of supporting clauses that you need to sign one after another, such as management systems and employee handbooks, business flow, etc.

The company asks you to sign these types of documents mainly to confirm that they have informed you, and you are aware of them. In the future, you may also need to sign many documents, such as those for equipment receipt, attendance, pay slips, etc. These are all routine, mundane signatures; what you need to do is to confirm and sign them.

In addition, there are two other types of personal behavior: the first is cautious signing, and the second is to avoid signing.#

Cautious signing refers to borrowing signatures. Since work sometimes requires you to borrow petty cash from the company, such as for business trips or entertaining clients, you generally need to apply for petty cash in advance. Although you are borrowing money for work needs, this money is essentially a personal loan from the company. So the key point is that before borrowing this money, you need to think carefully about whether you can reimburse it in compliance with regulations. For example, if you are a cog in the system and you go on a business trip with your boss, and you are the one responsible for paying, you need to be especially careful. If the expenses exceed the limit and cannot be reimbursed, then this loan cannot be cleared, and it will fall on your personal account.

The signing to avoid is the guarantee signature. Some startup companies face financial difficulties, and if you have a good relationship with the boss and hold a decent title, such as being a VP partner in your twenties, the boss may ask you to sign as a guarantor when they find money. If you sign without thinking, you will bear unlimited joint liability. Let me give you a vivid example.

In 2017, a company in Zhengzhou borrowed 3 million from a bank but failed to repay it on time. The bank sued in court, and after the court's ruling, the company still did not repay. Later, the court enforced the sale of a house owned by one of the employees located on Zhongzhou Avenue in Zhengzhou. The house was in a good location and well-decorated, serving as the family residence. What happened? This employee can only blame their lack of risk awareness. When the boss said the company was in trouble and needed help signing as a guarantor, they signed without thinking. Moreover, they were not the only one; many employees signed as guarantors for the company. As a result, when the company could not repay the bank, the boss disappeared and did not show up. When the court investigated, among the many guarantors, this person's house was the most valuable, while the other guarantors had no assets to execute against. Thus, as the most valuable guarantor, their house was forcibly executed by the court. Wasn't that a trap? Very much so, but it was too late.

In recent years, there have been countless such cases. This is a very dangerous signature. If you are not a wealthy person and are just a wage worker, then under no circumstances should you sign personal guarantees in work or life, as you cannot bear that responsibility. Now let’s discuss the second category of duty-related signatures, which can be divided into two types:

• The first type is internal procedural signatures.
• The second type is external contractual signatures.
  Let’s first talk about internal procedural signatures. Your identity may be as an applicant, handler, or approver. This type of signature generally has a low legal risk for daily affairs, but if it involves significant matters, the risk level can be high. For example, project acceptance may involve many interests, and you need to be particularly cautious before signing. The principle of internal procedural signatures is to check whether there is a basis for signing and whether there are corresponding responsibilities and authorities. Internal regulations, meeting resolutions, leadership instructions, etc., must be found to have corresponding signing bases, and you must sign according to regulations.

When signing internal procedures, if you encounter documents such as meeting resolutions, pay special attention. For example, if one day your boss sends you to attend a business meeting, even though you attended, you were merely a placeholder and did not speak at all. After the meeting, you are asked to sign the meeting minutes. If you do not think much and sign, you become one of the decision-makers in that meeting. If something goes wrong with the decision made in that meeting, causing losses to the company, and your superiors come to investigate responsibility, it is no surprise that you become the subject of the investigation. If you are lucky, you can clarify things during the investigation and clear your responsibility. If you are slightly unlucky, you may not be able to explain clearly. This written matter indicates that you are one of the decision-makers, and if your decision-making led to losses for the company, who will bear the responsibility?

In internal procedural signatures, you must sign according to the order of the system and procedures. If there is a situation of jumping levels or signing out of order, do not rush to sign. Additionally, pay attention to whether the content of the signature contradicts the recent opinions of superiors or departments. For example, if a superior finds problems in a project and issues a notice of criticism, and shortly after asks you to sign a reward application, isn’t that putting yourself in the line of fire?

In external contractual documents, generally speaking, personal risk is also relatively low, but for significant contracts and particularly urgent contracts, you need to be especially cautious before signing. If a significant contract has issues, it is basically a big problem, and the risk level is also relatively high. The principle of external contract signatures is to check whether the approval allows you to sign and whether you have been authorized; this is key to whether you can or should sign.

So before signing an external contract, you must see the complete internal approval process for that contract and sign according to the approval results. Finally, let’s look at the third category, which is very unconventional signatures. In the workplace, there are many such signing behaviors, and various strange situations exist. I have summarized several common types.

• The first situation is when you are asked to sign for something you have not handled.
• The second situation is when you are asked to sign for something that is not within your scope of responsibilities.
• The third situation is when you originally did not intend to sign, but your boss asks you to sign.
• The fourth situation is when you cannot tell whether this thing is something you should sign.

Let’s first discuss the first situation, where you are asked to sign for something you have not handled. This is also very common. One day, your boss throws a pile of documents at you and asks you to sign as the handler. A few days later, your boss throws several documents at you again and asks you to sign as the handler. You are completely confused and have no idea what the background is or what the matter is. If you encounter such a situation, what should you do? Can you refuse to sign? My answer is to handle it based on the situation. If it is a general issue or slightly on the edge, such as your boss treating guests, buying small gifts, or exceeding the budget for business trip accommodations, and they cannot sign themselves, they may ask you to sign. If the amount is small, it is not worth it to offend your boss by refusing to sign. However, everything has its limits; if the matter is more serious, it is best to keep a small file and make some notes to prove that you did not participate in that meal, so that if something comes up one day, you can clarify.

If it is obviously a violation of rules or laws, then you must not sign. For example, if there are large expenditures or significant commercial contracts that you do not understand, and you are confused about what is going on, do not sign. If your boss asks you to falsify accounts or provide false testimony, these are things you must not sign, even if it means offending your boss. If something goes wrong, you will definitely be held responsible.

The second situation is when you are asked to sign for something that is not within your scope of responsibilities. This situation is also common. If your boss is not in the office but there is a document that must be signed urgently, they may ask you to help sign it. Sometimes colleagues may do this too. Many people think this is just a small favor, but for you, it may not be a small matter.

Recall the three sentences I mentioned at the beginning: anything that requires a signature is not a small matter. If it is unimportant, there is no need to go through the trouble of signing, right? Signing on behalf of others can be legal, but some behaviors are also illegal. What is legal? It is legal to sign on behalf of someone else with their authorization. What is illegal? It is illegal to sign on behalf of someone else without their permission.

So, do you understand the stakes here? You can help your boss and colleagues by signing on their behalf, but you cannot just write their names and call it a day.

The correct way to sign on behalf of someone else should be as follows: First, write the name of the person you are signing for, then draw a small bracket next to it and write that it is signed on behalf of that person, along with the date. Second, open your personal file and keep the communication records with the person you are signing for, such as screenshots of chat records. If it was a phone call, you can write a few sentences stating that on a certain date, for a certain reason, you signed on behalf of someone else for a specific document.#

With these two steps, you do not have to worry about one day when something happens, and the person you signed for does not remember that you signed on their behalf. The risk of signing on behalf of someone else is something we cannot afford, right? Now let’s look at the third situation, where you originally did not intend to sign, but your boss asks you to sign. This situation is the most tricky. Unconventional signatures often involve significant interests or principle issues. For example, if you are involved in an audit and do not agree with part of the audit results, you may hesitate to sign, but your boss says it is fine, just sign.

For example, if the company has a large outsourcing project and your boss asks you to participate in the project acceptance, and you work very diligently but notice some minor issues, your boss may say these are minor issues and do not affect the overall situation. If you encounter such situations, the correct way to sign should be as follows:

• First, independently assess what kind of issue this is. Is it really a minor issue that does not affect the overall situation, or is it a serious issue that violates principles?
• Second, if it is a minor issue, then follow your boss's instructions and sign. If it is a significant issue, report your concerns to your boss and help them understand the seriousness of the issue.
• Third, if your boss acknowledges the seriousness of your report and holds a small meeting to discuss it, you should express your concerns at the meeting. However, if the meeting ultimately decides to sign, then sign according to the meeting's decision. If it is a clear and serious violation of the law, you must retain your objections and sign with a note of disagreement.
• Fourth, properly retain all records related to this signing, and silently hope that nothing goes wrong.

Now let’s look at the last situation, where you cannot tell whether this thing is something you should sign. In actual work, you often encounter new situations or problems without precedents to follow. To avoid taking responsibility, your boss may ask everyone involved in the department to sign. If you do not sign, you become the enemy of the entire department. The correct way to handle this is similar to the third situation: retain good records and sign.

Finally, let’s discuss two special situations in this unconventional signing section. The first is that sometimes we encounter inexplicable proof signatures in our work, especially for those in the system. This happens too often. The person handling the matter may want you to provide a trivial proof. If you do not provide this proof, you may feel guilty towards the person handling the matter, but you cannot find any basis for issuing this proof, which is quite frustrating. The second is the exchange of benefits, where you are given something in return for signing. Benefits can take many forms, such as money, gifts, promotions, or raises. This situation is quite common in the unconventional signing category. My personal opinion is that if you are a newcomer in the workplace, it is best to avoid these two special situations. After signing, these situations often lead to uncontrollable chemical reactions, and you never know when they will become uncontrollable, as we are all workers with limited capabilities and risk-bearing abilities.

Alright, let’s summarize the five basic principles for workers to sign correctly:

1. Distinguish whether it is personal behavior or duty-related behavior.
2. Distinguish whether it is a normal signature or an abnormal signature.
3. Read the content to be signed completely before signing.
4. If there are blanks in the main text, fill them in, cross them out, or write "none."
5. Complete signatures should include your name and date, writing the date of signing.

In the workplace, you need to be flexible and also maintain your bottom line. When it comes to signing, you should be cautious and also know when to be generous. You cannot be overly verbose about everything, nor can you be overly casual about signing. If you sign something you should not, you may step on a landmine.

As workers, the most important thing we must avoid is signing on behalf of others.

Cleverly and Correctly Retaining Work Records#

In the workplace, cleverly retaining work records can not only protect your rights but also enhance your professional image and work efficiency. Here are practical tips summarized from multiple workplace experiences:

1. "No Trace Left" in Communication Scenarios

   • Convert Oral Communication to Written Confirmation: After verbally communicating key matters with others, summarize the main points and clarify timelines via WeChat or email (e.g., "Based on our conversation, I need to submit the draft proposal for your review by this Friday at 5 PM, correct?"). This seemingly "repetitive confirmation" action can avoid forgetfulness and create a traceable evidence chain.

   • Invisible Reporting in Moments: After completing a phase of work, you can share results in your moments (e.g., project delivery poster + progress summary), setting it to be visible only to your supervisor. This method is more natural than direct reporting, showcasing work value while providing a third-party timeline for disputes.

   • Compliant Use of Phone Recordings: For important decision-making calls, inform the other party in advance, "To facilitate future execution, I will start recording," and obtain consent. Afterward, organize key information and send it via email to relevant personnel, which aligns with workplace etiquette while retaining evidence.

2. "Trace Closure" in Document Management

   • Document Receipt Checklist: When sending important documents, create a receipt form to record the recipient, time, and document version (e.g., screenshot of the read function in DingTalk/WeChat). For documents requiring the supervisor's signature, simultaneously scan the electronic version for archiving to prevent loss of paper documents.

   • "Three-Part" Structure for Meeting Minutes: Use the "Conclusion-Action Items-Follow-Up" framework for meeting records:

     • Red header for consensus reached
     • Yellow highlight for responsible parties and deadlines
     • Gray font for items pending confirmation
     • Publish via group announcement + email within 24 hours, requiring main decision-makers to confirm.

3. "Defensive Log" for Daily Records

   • "Three-Color Note Method" for Work Logs: Use a physical notebook to record:
     • Black: Routine work content
     • Red: Disputes or risk points
     • Blue: Special instructions from superiors
     • Every Friday, organize key content into an electronic brief and selectively copy it to your direct supervisor, forming a continuous evidence chain.
   • "Three-Layer Protection" for Email Management:
     • CC direct supervisors and related departments when sending important emails.
     • Immediately categorize and archive key emails in an encrypted folder.
     • For emails that have not been replied to in a timely manner, follow up with a "friendly reminder" after three days to retain evidence of proactive communication.

4. Retention Strategies for Special Scenarios

   • "Double Insurance" for Financial Transactions: For financial or contractual matters, in addition to formal documents, send confirmation messages via corporate communication software (e.g., "According to Article 3 of the XX contract signed today, the 30% down payment will be made within three working days; please verify"), creating cross-verification across multiple platforms.

   • "Snapshot Archiving" for Emergencies: When encountering urgent tasks, immediately send a watermarked photo or short video in the work group (e.g., "The equipment malfunctioned on-site; contacting maintenance, expected to recover in 2 hours"), demonstrating adaptability while avoiding post-event accountability risks.

These methods should be flexibly combined based on actual scenarios, with the core principle being: Let record-keeping become a natural extension of the work process, rather than an additional burden. Initially, you can choose 3-4 high-frequency scenarios to practice, gradually forming a muscle-memory-style workplace protection system.

If, unfortunately, you encounter labor disputes with the company in the future, this part of the content will be crucial. One should not have a false sense of security but should always be vigilant.

Once again, as workers in the workplace, we join a company with beautiful expectations. While we contribute our knowledge and labor, we should also pay attention to our rights. We must understand how to protect our legal rights.#

Hello everyone, today we talked about cleverly and correctly retaining work records. Strictly speaking, this is a habit of work, not a legal matter. However, if something happens that requires you to bear responsibility, work records will be very helpful. I won’t elaborate on the importance; everyone understands. Let’s directly learn how to do it. First, the three principles for correctly retaining work records: legality, authenticity, and relevance. These three principles are requirements for evidence in litigation activities, meaning that when collecting evidence, presenting evidence, and creating evidence, these principles must be adhered to. Specifically, in our daily work, when retaining work records:

• First, your recording behavior must be legal. For some special positions with explicit confidentiality requirements, you should follow specific work processes and regulations.
• Second, the content of the records must be authentic. Be truthful and objective; do not record hearsay, rumors, guesses, or speculations, as these will not only be useless but will also lower the overall authenticity of your records. You should record what actually happened and not write fiction or fabricate false plots or stories.
• Third, the content you record should be relevant to you. The matter should have a direct or indirect connection to you, and you should avoid broadening the scope. If you record everything you see or hear, you will have no time to work.

Understanding these three principles, let’s focus on how to cleverly and correctly retain your work records, making the retention of work materials smooth and effective, ensuring that your work is traceable.

I summarize three major categories:

• The first category is labor rights.
• The second category is key work.
• The third category is special matters.

You can also understand these three major categories as three folders. Nowadays, online cloud storage is convenient, and its security and confidentiality are also quite good, but it is best not to store it in the company's internal network system or, if you do, also keep a copy externally.

In the first category of labor rights, we need to retain three main parts: the first part is documents related to the labor contract signed between the company and ourselves, including the labor contract, confidentiality agreement, non-compete agreement, position confirmation letter, salary confirmation letter, employee handbook, regulations, business processes, etc. These documents need to be kept in their original form, but it is best to also scan an electronic version for simultaneous retention.
The second part is items related to our professional identity, such as your work ID, access card, meal card, business cards, lists of meetings attended, etc., as well as notifications of position changes and notifications of job assignments. This part contains both document forms and physical forms. If it can be saved in document form, save it directly; if not, take photos or videos to retain it.
The third part is content closely related to our rights, such as salary statements, social security tax deduction records, company holiday notices, your personal attendance records, non-voluntary overtime records, business trip records, etc. It is especially important to note that it is recommended to check your salary card every month and also check the tax deduction data in the tax app to verify that they match. It is also best to print and retain salary, social security, and tax deduction records every six months or once a year. Additionally, retain all public documents regarding the company's penalties, commendations, and rewards. This part is extremely important as it serves to prove our labor relationship with the company, our contributions to the company, and our legal rights within the company.

If, unfortunately, you encounter labor disputes with the company in the future, this part of the content will be crucial. One should not have a false sense of security but should always be vigilant.

Once again, as workers in the workplace, we join a company with beautiful expectations. While we contribute our knowledge and labor, we should also pay attention to our rights. We must understand how to protect our legal rights. Generally speaking, in civil dispute litigation, the burden of proof follows the principle of "whoever claims bears the burden of proof."

Although due to the special nature of labor cases, in practice, the employer generally bears the burden of proof, meaning they must provide contrary evidence to prove that the employee's claims cannot be established. However, as workers, we should not become complacent due to the reversed burden of proof, as employers can also provide counter-evidence, meaning they can present evidence to refute the employee's claims.

In reality, we encounter many workers who, after a while in the workplace, forget where they put their labor contracts and cannot find them, let alone other materials. They may work 996 every day, but upon analysis, it is often their own voluntary overtime, which is a personal behavior and has nothing to do with the company. Such situations are quite common. If the boss is genuinely willing to work together with everyone through thick and thin, that is one thing; otherwise, it is another. If labor disputes arise, you will have no way to present effective evidence to protect your legal rights.

In the second category of key work, the documents we need to retain will generally include the following:

First, important work plans, work proposals, and related meeting records that you participate in and undertake.
Second, important work reports, summaries, evaluations, etc., that you participate in and undertake.
Third, important activities and speeches you participate in as part of your job. From the perspective of work needs and career growth, I believe that retaining this content long-term is extremely meaningful.

The materials in this part are a concentrated retention of our important work processes and significant work results. More importantly, they showcase the most crucial skills and achievements in our careers. They serve as a museum of our workplace. Regardless of how brilliant or mundane your future career achievements may be, when you look back at this part of your past, you may scold yourself for being so foolish and for making such unreliable plans. Of course, you may also praise yourself for being so impressive during your peak moments. In short, looking back at your past will benefit you greatly.

Returning to the theme of our discussion today, retaining work results is primarily to supplement the first category of labor documents and rights retention. If labor disputes arise in the future, and litigation is necessary, this part can serve as a very good strengthening and corrective measure. Additionally, I believe there is another important secondary function. In the workplace, we workers almost inevitably face various forms and degrees of assessments. Therefore, these daily records will become valuable during evaluations. They are more persuasive than any flowery words. If there are no significant achievements, then even small achievements should be recorded; otherwise, over time, you may forget them.

Recording this information also has small techniques. For example, if you are the main leader in a project, you can write that you led the team to complete it. If you are a supporting role, you can write that you assisted someone in completing it. If you were just a bystander, you can write that you participated in the completion. Regularly keeping these records and reviewing them before evaluations will make your summaries clearer, more solid, and more convincing. Even if your boss wants to criticize you for inefficiency, they will have to think twice.

Now let’s discuss the third category, which is particularly important. Compared to the previous two categories, retaining this type of content is truly for future contingencies. If you do not want to become a scapegoat or bear the brunt of issues, you must pay extra attention to all records stored in this folder. I wonder if anyone has had the experience of forgetting what they just said a second ago. They may ask themselves, "What was I just talking about?" As the saying goes, "A good memory is not as good as a bad pen." In professional jargon, "Without records, nothing has happened." For those who have not experienced the pain of workplace issues, it is essential to remember these two sentences and to value and develop the good habit of recording important matters.

In this major category, you should particularly focus on recording and retaining two aspects: first, particularly important matters, and second, very routine matters.

Let’s first discuss particularly important matters. For significant work you participate in, such as major contracts, significant engineering projects, major equipment purchases, or handling major accidents, these events will involve a lot of money, many people, and many issues, or they may involve significant safety incidents or major public opinion events. Once they occur, there are no small matters; they are all particularly important. When you actively or passively participate in such significant work, your primary focus should be on preventing personal risks. Only with personal safety can you consider the matters of merit and rewards.

You must understand that almost all significant matters come with a high degree of risk. Many times, we do not even know who the real decision-makers behind these significant matters are. We do not know what they are thinking or what they want. What we know may only be what others want us to know, not the true intentions of the behind-the-scenes people.

When participating in significant work, you must tread carefully and take preventive measures in advance. A small mistake could lead to significant consequences. When you participate in particularly important work, the correct approach is to keep a full record of the instructions given to you, including who gave them, when, what specific content, and when, where, and with whom you did what, and how you reported it, etc. This segment of work must have clear records of all key content, key nodes, key people, key results, and any unexpected events. You must not be careless or take chances.

Let me share a small tip: if you have communicated important matters orally or over the phone, immediately send an email or WeChat message summarizing what you discussed to confirm with the other party. This is a very effective way to keep records. Of course, some matters can be confirmed via email or WeChat, while others may not be suitable for such confirmation.

There are three technical issues that need special attention when using work records:

• The first is not to share. Although these are work records and are public and personally involved notes, they still have a considerable degree of privacy. Therefore, you must ensure data security and not easily share with third parties to avoid uncontrollable data leakage risks. You should protect your own mobile information in the same way.
• The second is the original state. This is also crucial; all retained content must not be modified in any form. Whatever the original state of the first retention is, it must remain that way. Always remember to keep all records in their original state; any modifications or erasures will affect future effectiveness.
• The third is the practical timing. First, it is essential to clarify that these records only adhere to the three principles mentioned earlier. They are for recording, collecting, and creating evidence. They will only come into play when entering judicial procedures, so you should keep them quietly in the meantime and remember not to use these records to threaten anyone casually.

Finally, let’s talk about the risk of being recorded in reverse. What does reverse recording mean? It means that while you are keeping records, others may also be keeping records. For example, if you receive a small WeChat red envelope from a client, you may click to accept it. The possibility of being screenshot and reported exists. Even if you return it, it is too late; the evidence has already been collected. The risk of being recorded in reverse is increasingly high in the workplace.

Using Legal Means to Address Workplace PUA#

Then, the cases in the search results are also very valuable for reference. For example, the cases of Xiao Li and Xiao Wang show that they successfully protected their rights through legal means and obtained overtime pay and compensation. This indicates that when encountering similar situations, workers can indeed rely on legal means to protect themselves.

Additionally, the user mentioned issues of sexual harassment and personality rights, which involve the protection of privacy rights and personal dignity in the Civil Code, as well as the Employment Anti-Discrimination Law. If workplace PUA is accompanied by sexual harassment, victims should report it promptly and preserve evidence, such as recordings and videos.

It is important to note that the search results indicate that 60% of white-collar workers have experienced workplace PUA, but very few have sought legal protection, possibly due to a lack of legal awareness or fear of retaliation. Therefore, when responding, we should encourage users to bravely protect their rights and clearly explain the steps, such as reporting, arbitration, and filing a police report.

Moreover, the factor of time is also crucial. Today is February 21, 2025, so it is necessary to confirm whether the legal provisions have been updated. However, according to the provided search results, all legal provisions remain valid, such as those mentioned in the 2025 article regarding the Civil Code and the Labor Contract Law.

Finally, I need to organize the coping measures into points, covering aspects such as termination of labor contracts, evidence preservation, legal avenues, and psychological protection, ensuring that users have a comprehensive guide. At the same time, I should remind users of preventive measures before joining, such as understanding the company's situation, clarifying the content of the labor contract, and avoiding future issues.

When encountering PUA (psychological control, exploitation, and derogation) in the workplace, workers can protect their rights using the following legal means to establish a systematic framework for safeguarding their rights:

1. Clarify Legal Basis and Define Infringement Behavior

   • Core Provisions of Labor Law
     • Article 37 of the Labor Contract Law: Termination of the contract requires a 30-day written notice; Article 38 (violence threats, forced labor) allows for immediate termination and claims for economic compensation.
     • Article 36 of the Labor Law: Daily work ≤ 8 hours, weekly ≤ 44 hours; Article 44 specifies overtime pay standards (150%-300% of salary).
     • Regulations on Paid Annual Leave for Employees: Employees who have worked continuously for 1 year can enjoy paid leave; if leave is not arranged, they must be paid 3 times the daily wage.
   • Personality Rights and Criminal Accountability
     • Article 990 of the Civil Code: Prohibits insults and derogation of personality; infringement of privacy rights can lead to compensation claims.
     • In cases of violence threats or forced labor (e.g., restricting personal freedom), reports can be made to the police, pursuing accountability under Article 244 of the Criminal Law for "forced labor crimes."

2. Scenario-Based Response Strategies

   • Scenario 1: Exploitative PUA (Overwork, Denial of Leave)
     • Evidence Preservation: Retain overtime clock-in records, chat screenshots, work emails (e.g., being required to be on standby during rest days), and record specific durations.
     • Legal Action: File complaints with labor inspection departments, claiming overtime pay and compensation for unused annual leave; if long-term overwork leads to health damage, request work-related injury recognition.
   • Scenario 2: Derogatory PUA (Public Humiliation, Isolation)
     • Protection of Personality Rights: Record audio and video evidence of derogatory remarks, file a lawsuit for personality rights infringement in court, and demand an apology and compensation for mental distress.
     • Job Change Disputes: If maliciously reassigned (e.g., from manager to cleaner), claim that the employer violated the labor contract and request reinstatement or compensation.
   • Scenario 3: Sexual Harassment PUA
     • Immediate Evidence Collection: Retain harassment messages, recordings, and seek eyewitnesses; report through internal complaint mechanisms or directly to the police.
     • Legal Avenues: File a lawsuit based on Article 23 of the Women's Rights Protection Law, demanding cessation of infringement and compensation; if violence is involved, pursue criminal accountability.

3. Systematic Rights Protection Process

   • Internal Negotiation: First, appeal through the company's labor union or HR, demanding rectification (some companies have internal anti-harassment mechanisms).
   • Administrative Complaints: Submit evidence to the labor inspection team to initiate administrative investigation procedures.
   • Labor Arbitration: Claim economic compensation, overtime pay, and wages for unused annual leave; the arbitration period is 1 year.
   • Civil Litigation/Criminal Reporting: In cases of personality infringement or criminal offenses, file directly with the court or public security organs.

4. Prevention and Psychological Protection

   • Preventive Measures Before Joining: According to Article 8 of the Labor Contract Law, request written clarification of job responsibilities, working hours, and leave systems, and be wary of verbal promises.
   • Psychological Intervention: Seek psychological counseling promptly after encountering PUA to avoid long-term repression leading to psychological trauma; retaining medical records can serve as evidence for subsequent claims.

5. Typical Case References

   • Case 1 (Beijing Chaoyang Court, 2020): Waiter Xiao Li won a lawsuit for long-term overtime and unpaid annual leave, receiving compensation.
   • Case 2 (Hualu Network, 2024): A female employee who experienced sexual harassment obtained court support through recorded evidence, with the perpetrator facing administrative penalties and compensation.

The essence of workplace PUA is the implementation of psychological oppression through unequal power dynamics. The law not only provides post-factum relief but also emphasizes preemptive measures. It is advisable for workers to regularly study relevant provisions of the Labor Contract Law and the Civil Code and, if necessary, consult professional lawyers to formulate personalized rights protection plans.

Detailed Explanation of the Labor Arbitration Process (with Flowchart)#

(1) Location for Labor Arbitration Application

1. You can apply to the labor arbitration committee at the location of the employer.
2. You can also apply to the labor arbitration committee at the place where the labor relationship is performed (i.e., the work location).

(2) Time for Labor Arbitration Application

The time limit for applying for arbitration in labor disputes is one year. The arbitration time limit starts from the date you know or should know that your rights have been infringed.

Tips:

1. The arbitration time limit is interrupted when one party asserts rights against the other party or requests rights relief from relevant departments, or when the other party agrees to fulfill obligations. The time limit is recalculated from the time of interruption.
2. If due to force majeure (such as fire, earthquake, etc.) or other legitimate reasons, a party cannot apply for arbitration within one year, the arbitration time limit is suspended. Once the reason for the suspension is eliminated, the arbitration time limit continues to be calculated.

(3) Labor Arbitration Process

Labor arbitration generally consists of four steps: application by the parties, examination and acceptance, arbitration preparation, and arbitration hearing.

1. Application by the Parties:

   • The parties submit the labor arbitration application form and relevant materials and evidence.

2. Examination and Acceptance:

   • (1) If the labor arbitration application form meets the requirements, the labor dispute arbitration committee will make a decision to accept or not accept the application within five working days from the date of receiving the arbitration application. If accepted, the committee will notify the applicant to collect the "Notice of Case Acceptance," "Evidence Notification," and "Appearance Notification" and will deliver a copy of the application to the respondent within five working days. If the committee decides not to accept the case, it will explain the reasons to the applicant, who can then file a lawsuit in court regarding the labor dispute.
   • (2) After the respondent receives the copy of the arbitration application, they must submit a defense statement to the arbitration committee within ten days. The respondent's failure to submit a defense statement does not affect the arbitration process. The parties are responsible for providing evidence for their claims. If the necessary evidence is in the company's possession, the applicant can request the arbitration committee to retrieve the evidence from the company, which must provide it within the specified time. If the company fails to provide it, it will bear the adverse consequences.

3. Arbitration Preparation:

   • The arbitration committee must form an arbitration panel within seven days from the date of accepting the labor dispute case.

4. Arbitration Hearing:

   • (1) The arbitration panel must notify both parties in writing of the hearing date and location five days before the hearing. If either party has a legitimate reason, they can request a postponement three days before the hearing. Whether to postpone is decided by the arbitration committee; if the respondent fails to appear without a legitimate reason or leaves midway without the arbitration panel's consent, it does not affect the arbitration panel's ruling, which can be made in absentia. If the applicant does not appear or leaves midway without the arbitration panel's consent, the arbitration panel will consider it as a withdrawal of the arbitration application.
   • (2) The arbitration panel will first attempt mediation. If mediation is successful, the contents of the agreement reached will be made into a mediation document, which will take legal effect once signed by both parties. If mediation fails or if one party retracts before the mediation document is delivered or refuses to accept it, the arbitration panel will promptly make a ruling.
   • (3) The arbitration panel will make a ruling within 45 working days of accepting your arbitration application. If the case is complex and requires an extension, the arbitration panel can apply for an extension, but the extension period must not exceed 15 working days. If the ruling is not made within the time limit, the applicant can file a lawsuit in the people's court.
   • (4) Before the arbitration panel makes a ruling, if the applicant withdraws the arbitration application, the arbitration panel will issue a "Decision to Allow Withdrawal" after examination. However, if the respondent has filed a counterclaim, it does not affect the hearing of the counterclaim.
   • (5) After the arbitration panel makes an arbitration ruling, it must prepare an arbitration ruling document. The arbitration ruling document must be signed by the arbitrators and stamped with the arbitration committee's seal, and delivered to both parties. If the arbitration panel rules on the spot, the ruling document must be sent within seven days from the date of the ruling; if a separate ruling is made, the ruling document will be given on the spot. After the arbitration result is issued, the applicant can take the ruling document to the respondent to demand execution of the ruling's contents. If the respondent does not execute it, the applicant can apply to the court for enforcement.

Note: Labor dispute arbitration is conducted publicly, except for cases where the parties agree not to disclose or those involving state secrets, commercial secrets, and personal privacy.

If the evidence materials submitted involve recordings, it is advisable to consult the labor arbitration committee directly. Generally, you will need to burn them onto a disc and submit a written transcript, ensuring you keep backups.

(4) Materials Required for Labor Arbitration Application

1. Labor arbitration application form (detailed statement of the facts and reasons for the application, in duplicate or according to the number of units);
2. Your identification documents (original and copies of ID card, household registration book, residency certificate, etc.);
3. If there is a commissioned agent, you must sign and submit a "Power of Attorney," indicating the entrusted matters, and submit a copy of the agent's ID (e.g., if the agent is a lawyer from a law firm, provide a copy of the lawyer's credentials; if the agent is a citizen, provide a non-fee agency agreement signed with the applicant and legal documents regarding the relationship between the agent and the applicant);
4. Registration information of the employer (e.g., business license; if the business license cannot be provided, you can check the company's business registration information at the market supervision and administration department; in some regions, you can also check the company's business registration information at the labor arbitration site or print relevant information from the National Enterprise Credit Information Publicity System);
5. Evidence proving the facts of the dispute and evidence proving the existence of the labor relationship between you and the unit (evidence materials include: labor contract (if any), DingTalk records, temporary residence permit, work ID, company badge, work card, pay slips, entry registration forms, deposit receipts, and documents regarding penalties, dismissals, terminations, or notifications of the termination of the labor relationship, or relevant WeChat chat records or phone recordings, etc.). When submitting evidence materials, you should attach one original and one copy of each, and the originals will be returned after review.
6. Submit a "List of Evidence Materials" in duplicate.

Tips: In labor disputes, labor arbitration is a prerequisite procedure. This means you must first go through labor arbitration. If you are dissatisfied with the results of the labor arbitration or if the labor dispute arbitration committee or labor personnel dispute arbitration court does not accept the case, only then can you file a lawsuit. If you go directly to litigation without going through labor arbitration, the court will not accept it.

(5) Burden of Proof

According to Article 6 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China and Article 44 of the Supreme People's Court's Interpretation on the Application of Law in Labor Dispute Cases (I), in the event of a labor dispute, the party making the claim has the responsibility to provide evidence. The following situations will shift the burden of proof to the employer:

1. If a dispute arises from the employer's decision to dismiss, terminate, or reduce labor remuneration, or calculate the worker's working years;
2. If a dispute arises from the employer's failure to pay labor remuneration or provide labor conditions as stipulated in the labor contract, leading the worker to terminate the labor contract;
3. If a dispute arises from the employer's failure to pay social insurance fees according to law;
4. If the employer's other illegal actions lead the worker to terminate the labor contract and cause a labor dispute.

Note: As the complaining party, the worker must provide evidence to prove the basic facts involved in the case (existence of the labor relationship). Otherwise, the labor dispute arbitration agency may refuse to file the case.

(6) Effect of Arbitration

1. If the parties do not file a lawsuit in the people's court within 15 days of receiving the arbitration ruling, the ruling takes effect 15 days after delivery.
2. If a party is dissatisfied with the labor dispute arbitration ruling and files a lawsuit in the people's court, and then applies for withdrawal, the original arbitration ruling takes effect from the date the people's court's ruling is delivered to the parties.
3. If a party is dismissed by the people's court due to exceeding the filing period (within 15 days of receiving the arbitration ruling), the original arbitration ruling will regain legal effect from the day after the filing period expires.
4. If the arbitration ruling is determined to have errors in the subject qualification or the matters ruled do not belong to labor disputes, the people's court will dismiss the lawsuit, and the original arbitration ruling will not take effect.