Legal analysis
According to the relevant laws and regulations, the evidence issued by the unit depends on the source of evidence. If it is the document of the unit itself, of course, it must be stamped with the official seal of the unit. If it is not a company document, the original and photocopy of the document must be provided, and the photocopy should be marked "consistent with the original" and stamped with the official seal of the company. The materials that the employer needs to prepare as the plaintiff in the labor litigation procedure include: the original labor arbitration award (or the original notice of rejection made by the arbitration commission), or the original service receipt issued by the arbitration commission and a copy of the labor arbitration award; Copies of other evidential materials related to this case (number of defendants+1). If a party entrusts an agent to participate in the litigation, it shall provide the corresponding entrusted materials. If there are more than two applicants for an arbitration award, and the employer refuses to accept the award of multiple applicants, it shall prepare multiple prosecution materials according to the number of applicants. Employers can only sue non-final awards; For the final award, if the employer has evidence to prove that it complies with the relevant laws and regulations, it may, within 30 days from the date of receiving the arbitration award, apply to the intermediate people's court where the labor dispute arbitration commission is located for cancellation of the award.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 59 To entrust another person to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.