1. If the company has an attendance system,
If the evidence confirmed by both parties or provided by the employer is sufficient to prove that the company has an attendance system, the burden of proof to prove whether the employees perform their duties normally shall be borne by the employer. Evidence such as attendance sheets provided by the employer can prove that employees are absent from work, that is, absenteeism; Otherwise, it can't prove the normal attendance of employees, and the wages owed by the employer should be paid.
2. If the company is not present.
If the company has no attendance system or does not require attendance for the disputed employees, in a case handled by the author, the labor arbitration commission and the court ruled that the employees who advocate wages should prove that they have performed their duties normally according to the principle of who advocates who gives evidence. If they cannot give evidence, the employees will bear the legal consequences of not giving evidence. It is difficult for employees to prove that they have performed their duties normally and the corresponding labor results. The judge thinks that it is difficult for the company to prove that employees are not present and it is difficult for employees to prove attendance, so it is difficult to judge. Finally, according to the principle of who advocates who gives evidence, the court found that the claimant bears the burden of proof.
Yesterday, a friend said that the court's decision was too absolute.
Later, after consulting many lawyers and referring to other cases, it can be confirmed that this judgment of the court is wrong, and the employer should bear the burden of proof for whether the employees who are absent from work are absent from work. The reason for this is the following：
(1) Article 44 of the Regulations on Wage Payment in Guangdong Province stipulates that "in case of wage payment dispute, the employer shall bear the burden of proof." The employer shall bear the burden of proof for the dispute over the payment of wages.
(2) The evidence that employees perform their duties is generally in the hands of the employer, and the employer bears the burden of proof.
(3) Secondly, the employer has the responsibility of management, and it is the responsibility to formulate the standard system of employee attendance and salary payment. If employees are absent from work continuously, under normal circumstances, the employer will urge employees to return to work. If you are absent from work continuously, the employer should be able to provide corresponding evidence.
To sum up, in the actual case, the employer failed to provide evidence to urge employees to go to work. Although the evidence provided by employees may not be enough to prove continuous attendance, at least it can prove that the evidence of performing work duties or performing work duties on a certain day is in the hands of the employer, so the employer should be sentenced to pay wages in this case.
suggestion
(1) For employees: When the employer is in arrears with wages, it should pay attention to keeping the signature documents, e-mail records and other corresponding labor results during the working period to avoid the possibility that the wage request will be rejected due to insufficient evidence.
(2) For the employer: formulate a standardized employee attendance system, promptly urge employees to go to work by telephone, mail, letters, and even newspaper announcements, and save evidence of employee absenteeism. From Q users: the first time