Initiating Labor Arbitration in China: Gathering Evidence from DingTalk

Introduction

In China, labor arbitration is a common method for resolving disputes between employees and employers. With the rise of mobile communication platforms like DingTalk, employees may find themselves needing to gather evidence from this platform for their arbitration cases. This article provides a comprehensive guide on how to properly retrieve evidence from DingTalk in the context of labor arbitration.

Legal Basis

According to Article 72 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, parties are entitled to present evidence to support their claims during arbitration proceedings. DingTalk messages, as electronic evidence, can be presented as valid evidence.

Steps to Retrieve Evidence

1. Preserve the Evidence:

Once a labor dispute arises, immediately notify your former employer to preserve all relevant evidence on DingTalk. Take screenshots of relevant conversations, group chats, and files.

2. Request Formal Evidence Extraction:

Contact your former employer and request formal extraction of the relevant DingTalk evidence. Provide the time period, specific conversations, and any other relevant details.

3. Obtain a Notary Certification (Optional):

For added credibility, you can consider having the extracted evidence notarized by a notary public. This step is not mandatory but may be helpful in certain cases.

4. Organize the Evidence:

Once the evidence has been extracted, organize it chronologically and categorize it according to the relevant issues in your arbitration case.

5. Submit the Evidence:

Submit the extracted and organized evidence to the labor arbitration commission as part of your case file. Ensure that the evidence is presented in a clear and concise manner.

Considerations

Ownership and Access: DingTalk accounts are typically owned by the employer. Employees may not have access to their accounts after termination of employment. It is essential to initiate the evidence retrieval process promptly. Data Privacy: DingTalk communications may contain sensitive personal information. Handle the evidence with caution and respect data privacy regulations. Authenticity: Ensure that the extracted evidence is authentic and has not been tampered with. Legal Counsel: Consider seeking guidance from a legal professional who specializes in labor arbitration to assist you in gathering and presenting evidence from DingTalk.

Conclusion

Gathering evidence from DingTalk for labor arbitration in China can be a crucial step in supporting your claims. By following the steps outlined in this article, you can effectively preserve, extract, organize, and submit DingTalk evidence to enhance the strength of your case. Remember to consider the legal basis, practical considerations, and seek legal advice when necessary.