The company does not pay attention to the authenticity of attendance, and the employee wins the labor arbitration case

In reality, more than half of labor dispute cases involve loopholes in corporate attendance systems, which are linked to employee wages. To handle such disputes, the unit needs to provide relevant attendance records and salary payment materials. When Xiaobu Field Office observed such cases, it was found that most companies had untrue data in their attendance management, which put them at a disadvantage in arbitration and litigation.

The following case is excerpted from a law firm’s blog

Real Case 1

Zhang is a field employee of a small toy factory in Shenzhen. The company’s management of employees’ outings Basically, they are left to their own devices, without any attendance records or work tracks. Later, Zhang had a dispute with his supervisor at work, which led Zhang to apply for labor arbitration out of anger.

Zhang claimed that he worked 28 days a month and 12 hours a day, and requested overtime wages for the past two years. However, because the unit did not have any attendance management and work data, both the Labor Arbitration Commission and the court of second instance supported Zhang’s petition, and the unit lost the case.

No matter how relaxed the management of the unit is, it should still have basic attendance management. Otherwise, when a dispute over overtime wages occurs, the case will be lost because of the lack of attendance management.

Real Case 2

A company works 6 days a week and 6.5 hours a day. It implements manual attendance registration. The attendance sheet only shows attendance, personal leave, sick leave, and lateness. , leaving early, absenteeism, family leave and other attendance content, there is no record of specific attendance time, but the attendance sheet is signed and confirmed by employees every month. In August, the company terminated the labor relationship of an employee. The employee applied for labor arbitration, requiring the company to pay overtime wages for two years, and stated that he worked 12 hours a day.

Although the unit provided an attendance sheet, the attendance sheet could only prove the employee’s attendance date. As a result, both courts held that the attendance sheet provided by the unit did not have specific working hours and could not prove the employee’s actual working hours. In the end, the employee's claim was accepted and the company was ruled to pay overtime wages for the past two years.

For this type of attendance, there must be records of specific attendance times, recording commuting times, and proving the actual working hours of employees. In this way, the unit has sufficient evidence to refute. With the advent of the 5G era, enterprises must adapt to information construction.

Real case three

Zhou was an employee of a hospital. After leaving his job, Zhou applied for labor arbitration, demanding overtime wages for the past two years. Zhou believes that he is the only one in the hospital who is engaged in filming, so he goes to work every day, 365 days a year, and works 14 hours a day. The hospital believes that what Zhou stated is not true, but due to the chaotic management of the hospital, the attendance records of Zhou's department have been lost and the attendance records cannot be provided. In the end, the labor arbitration department supported Zhou’s request. ?

Attendance management is the basis of the enterprise management system, the basis for employee attendance, and the voucher for paying wages and issuing various benefits. Strictly establishing a real employee attendance assessment management system to avoid forgery and safeguarding the legitimate interests of the unit and employees is a task that every employer attaches great importance to.

Using Xiaobu Field to record attendance and work tracks not only protects the rights and interests of the company, but also manages employees simply and efficiently. It is also a bonus of the era of enterprise information management.