Attendance records shall be provided by the employer if they are managed by the employer. If the employer fails to provide it, it shall bear the adverse consequences.
Arbitration refers to the act of submitting a dispute to a neutral third party outside the dispute, and the third party mediates the dispute between the parties and makes an award. According to different applicable objects, arbitration can be divided into civil and commercial arbitration, maritime arbitration and international dispute arbitration. Labor dispute arbitration is an arbitration system aimed at solving labor disputes. Labor dispute arbitration not only has some characteristics of arbitration system, but also has particularity.
The limitation of labor dispute arbitration refers to the system that workers and employers will lose the right to request labor dispute arbitration institutions to protect the realization of their rights if they do not apply for arbitration within the statutory time limit.
legal ground
People's Republic of China (PRC) labor dispute mediation and arbitration law
Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) other labor disputes as prescribed by laws and regulations. Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law. Article 6 In the event of a labor dispute, the parties have the responsibility to provide evidence for their claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it; If the employer fails to provide it, it shall bear the adverse consequences.