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Is the employer’s attendance sheet legal and valid without the employee’s signature? Clear regulatory provisions?

It is legal and valid. If the attendance sheet is generated after punching in using a time card machine, it generally does not need to be signed by the employee for confirmation, which is legally binding. If there is an abnormality in attendance and the information needs to be changed, it must be signed and confirmed by the employee before it will be effective. If employees find discrepancies between their salary and attendance status, they can apply to see their attendance records. If there is indeed an error, the HR department is obliged to explain it to employees and make changes with employee approval.

Legal Analysis

The employer may bear adverse consequences if the wage slips and attendance sheets are not signed and confirmed by the workers. If the wages slips and attendance sheets are not signed and confirmed by the workers, the workers If it refuses to approve the application, the employer may bear the adverse consequences of being unable to provide evidence. As far as wages and attendance records are concerned, they are recorded or controlled unilaterally by the employer. There is a possibility of forgery or tampering, which is not conducive to the protection of the rights and interests of the workers. Therefore, in principle, they should be signed by the workers for confirmation. The employer is the defense worker. If the request for payment of wages (including overtime wages) only provides a single piece of evidence such as a wage sheet and an attendance sheet without the signature of the employee, if the employee denies it, it will not be directly accepted and the employee's request cannot be effectively defended. However, when the employer provides wages and attendance records without the signature of the workers, it also provides other relevant evidence for support, such as bank wage payment vouchers, wage payment records, witness testimony, leave requests, or confirmation by the employer's employee congress. If it is related to the relevant system of the unit, etc., and can be mutually verified with the relevant system of the unit, it may be accepted according to law.

Legal Basis

"Labor Dispute Mediation and Arbitration Law of the People's Republic of China"

Article 6 When a labor dispute occurs, the parties' claims against themselves , have the responsibility to provide evidence. If the evidence related to the disputed matter is under the control of the employer, the employer shall provide it; if the employer fails to provide it, it shall bear adverse consequences.

Article 3 Labor disputes shall be resolved based on facts, following the principles of legality, fairness, timeliness and emphasis on mediation, and the legitimate rights and interests of the parties concerned shall be protected in accordance with the law.