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  • Check the dismissal date, deadline, contract, warnings, pay records and messages first.

  • For RMB 10 million of salary, bonus or severance, a careful chronology can change the negotiation.

  • Preserve lawful evidence, but avoid taking confidential files you should not access.

  • Use Caira to build a timeline and draft a response checklist.

China labour arbitration preparation is mostly document work. The strongest file is not the loudest complaint; it is the one that clearly identifies the employer, the employment relationship, the claim, the calculation, and the evidence behind each request. The official source family for this guide is MOHRSS labour dispute mediation and arbitration guidance, the national law database, and State Council labour-dispute material.

Local filing details can still vary, so treat this as a national evidence checklist rather than a promise that every city uses the same form or online portal.

Who this is for

This guide is for employees preparing materials for a labour dispute, especially unpaid wages, final salary, overtime where supported, unlawful deduction, termination pay, no written contract evidence, or dispute over resignation or dismissal documents. It may help foreign employees and bilingual staff who need to prepare a Chinese-language evidence pack. It is not for ordinary freelancer invoices, supplier debts, shareholder disputes, or service-contract non-payment where there was no employment relationship.

Check the dispute route first

Before drafting an arbitration application, confirm that the dispute is a labour or personnel dispute and identify the correct local arbitration commission or human resources and social security route. Check the live local page for appointment rules, online submission options, number of copies, identity documents, power of attorney if someone files for you, and whether the local body provides a required form. National sources validate the broad route, but local procedure decides many practical filing details.

Useful terms include 劳动仲裁, 劳动人事争议仲裁申请书, 申请人, 被申请人, 用人单位, 劳动关系, 仲裁请求, 事实和理由, 证据目录, 工资计算, 拖欠工资, 劳动合同, 工资条, 考勤记录, 银行流水, and 解除劳动合同.

Common mistake: naming the wrong employer

Do not name only a supervisor, store sign, English brand, app account, or WeChat contact. Identify the legal employer. Check the labour contract, company chop, offer letter, payslips, bank transfer sender, tax or social insurance records, work permit documents where relevant, HR emails, and termination notice. If several entities appear, create a table showing who hired you, who paid you, who managed you, and which company name appears on formal documents. Keep the unified social credit code if available.

Common mistake: unclear arbitration requests

An application should separate each request. Do not submit one large total with no explanation. For wages, create a table showing period, agreed salary, amount paid, balance, and evidence. For overtime, show dates, hours, approval or attendance basis, rate assumption, and calculation. For compensation or notice issues, connect the request to the termination document and facts. If you are unsure how to word a claim, get local advice rather than copying a forum template.

Common mistake: weak employment-relationship proof

If there is no written labour contract, the evidence file becomes more important. Preserve onboarding messages, staff ID, work schedules, attendance records, payslips, bank transfers, work chat groups, task assignments, email accounts, uniforms, access cards, business cards, resignation or termination messages, and any document showing management control. Export chat records with dates and sender information. Do not delete work chats after leaving if they are needed to explain the relationship and wage calculation.

Message to request wage or document records

A factual message can preserve the issue before filing:

您好,[HR/负责人姓名]:本人于[日期]至[日期]在[公司名称]担任[岗位]。为核对劳动仲裁申请材料,请提供本人劳动合同、工资明细、考勤记录、工资支付记录及解除/离职相关文件。根据现有记录,我初步计算[期间/项目]未支付金额为人民币[金额]元。请于[日期]前安排支付或提供公司书面计算依据。谢谢。[姓名]

If the employer replies by phone, send a short written follow-up confirming what was said. Keep the answer even if you disagree with it.

Prepare the evidence list

Number the evidence and connect it to the request it proves. For example: evidence 1, labour contract, proves employment relationship and salary; evidence 2, bank records, proves payments received; evidence 3, attendance export, proves work dates; evidence 4, termination notice, proves end date and reason. A tidy evidence list helps an editor, adviser, mediator, or arbitration body see the case without searching through hundreds of screenshots.

Where Unwildered fits

Upload the labour contract, offer letter, employer identity records, payslips, attendance records, bank transfers, termination messages, wage table, and draft application. Unwildered can help organise the file into parties, timeline, arbitration requests, calculations, and missing evidence before you check the local official filing workflow or seek legal information and document review.

Sources

  • MOHRSS labour contract materials

  • NPC law database: labour dispute mediation and arbitration law

  • local HRSS or labour arbitration commission

  • court or arbitration guidance

  • local service platform instructions

This article is general information, not legal, financial, medical or tax advice.

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