We must first remember: falsify evidence.
These two are not the same concept! In the defense evidence submitted by the company, there are attendance sheets, salary slips, notices issued, labor contracts, etc., which have great influence on the labor arbitration results, and are also the most easily fabricated evidence of the company. These companies can't fabricate social security payment records and salary payment records because there are records of third parties.
The evidence fabricated by the company is divided into whether there are forged employee signatures, which directly affects the consequences of fabricating evidence. What if the company unilaterally makes attendance sheets, payslips, imitation signatures, etc? Can the company be held accountable? How to investigate the responsibility of the company? We can do this and teach your boss a lesson!
1. Evidence such as attendance, salary, notice, etc. that does not involve forgery of signature shall not be forged!
Many companies don't sign time sheets and pay slips, let alone give them copies. In labor arbitration, the company will deliberately fabricate time sheets, salary slips and salary structures, which is conducive to the company's defense in labor arbitration. Including making some temporary notices, such as holiday notices.
These materials are all the same, only the company's seal or signature, not the employee's signature.
As soon as many friends saw that the materials made by the company did not conform to the reality, they shouted that the company forged evidence and wanted to investigate the company's responsibility for forging evidence.
Actually, it's not. At best, the company fabricated evidence, let alone fabricated evidence. Especially when you can't provide time sheets, salary slips and proof of effective salary structure. Then there is no way to confirm what the real situation is, only through cross-examination or evidence confrontation.
1. Obviously, you can refuse something without your signature, which is easily cross-examined as invalid, but don't think it's safe. Also pay attention to the role of evidence confrontation!
2. Many employees think that the burden of proof for time sheets and payslips lies with the company, and they don't need to give evidence themselves. As long as the company can't prove it, the company will bear the corresponding responsibility. In fact, this is one of the manifestations of "killing people only by looking at the legal provisions". Although there is nothing wrong with the company's burden of proof, the company will certainly not be stupid enough to prove some evidence against itself. The company will certainly compile some time sheets and salary slips that are beneficial to itself, even if you don't sign them. Why?
3. The key point here is evidence confrontation! Although the attendance sheet and payroll provided by the company are not signed by you, the burden of proof lies with the company, but in theory, it should be considered invalid after your cross-examination. But at the same time, you didn't provide effective evidence such as attendance sheet and salary, so what should be the basis of labor arbitration at this time?
For example, the attendance sheet in overtime disputes. The attendance sheet provided by the company will definitely not show overtime, but it is invalid without your signature. At this time, it would be better if there were time sheets, salary slips and other evidence. If not, you can also print it out according to the company format. Of course, the content must be true. This is evidence confrontation. In this case, if the company has the burden of proof, but can't, it is likely to accept your claim. Of course, overtime pay is not only based on time sheets and salary slips, but also combined with other evidence.
Therefore, if you can't provide valid evidence, this behavior of the company can't be counted as forging evidence, because the initiative lies with you. As long as you don't admit it, it is invalid evidence, which is equivalent to the company saying that you didn't work overtime. It's no use denying it. If you admit it, it will be effective.
Therefore, in this case, more consideration is given to how to carry out evidence confrontation, and there is no need to entangle the company's responsibility.
2. Labor contracts and salary slips involving forged signatures can be considered as forged evidence and may be detained!
Most companies will not imitate signatures, splicing signatures, etc. Because many companies know the seriousness of falsifying evidence. But some companies are not afraid of death, and employees don't know how to pursue the company's responsibility, so some companies dare to do so!
1, stitching signature. This is to splicing your signatures on other materials of the company into new materials through computer software. This signature must be signed by you, but the company can't provide the original, so if the company suddenly provides a material you don't know, but it has your signature on it, be sure to see if the signature is handwritten or a copy. If it is a copy, and you really have no money, you will not accept it and ask the company to provide the original.
For this, I can only cross-examine, because although the company can't provide the original, it can still lie that the original is lost, and at most, the copy is not recognized, but it is difficult to hold the company responsible. Because from the point of view of evidence, there is only a copy, and there is no way to prove that the company has spliced signatures.
2. Forge the signature. This is a typical forged evidence. If we obviously don't have signed materials, the company can provide the original with your signature.
In that case, the company signed by cheating without your knowledge, such as asking you to sign on white paper and so on. This is also hard to refute.
The other is to imitate your signature. Some people have a very strong ability to imitate your signature, which can be very similar to your signature, even invisible to the naked eye.
In the stage of labor arbitration, only handwriting identification can be put forward, of course, it needs to be paid in advance, ranging from about 3000 yuan. It should be noted that handwriting identification is not guaranteed by 100%, and the identification result may be wrong. For example, obviously you didn't sign it, but the appraisal result was signed by you. But this result is generally because the other party has a strong ability to imitate the signature, otherwise it can still be recognized in most cases. If the appraisal is indeed an imitation, the appraisal fee will be paid by the other party.
Third, the most important thing is, in this case, how to investigate the responsibility of the company?
Because these evidence materials imitating signatures are submitted by the company to labor arbitration and delivered to you according to law, then the company can't cheat if it wants to!
At this time, the company can be investigated for the crime of forging evidence by combining the evidence of handwriting identification. If it is in the first trial stage, it can be put forward immediately. If it is in the stage of labor arbitration, then we will go to court to sue.
Ym. Cang, Xuan Yue?