For disputes over commission wages, the production of evidence is a very important part. Here are some possible evidence and ways to present it:
1.Employment contract or commission agreement: If you have signed a commission agreement or employment contract with your employer, you can look for any clauses or agreements regarding commissions. This can be used as direct evidence of the commission.
2.Payslips or bank statements: If payslips or bank records show income related to commissions, these can be used as indirect evidence of commissions.
3.Sales records or business reports: If you work in sales or business, you may have relevant sales records, business reports, and other documents that can prove which business or sales were completed to support a royalty claim.
4.Company rules and regulations or internal documents: You can look up company rules and regulations, internal documents or emails, etc., to see if there are any regulations or notices regarding commissions.
5.Evidence such as audio and video recordings, emails, etc.: If there are audio or video recordings, email records and other communication records with employers or colleagues, they can also be used as evidence. However, it is important to note that such evidence must be obtained lawfully and must not infringe on the privacy rights of others.
6.Witness testimony: If a colleague or client is willing to testify for you, their testimony can also be used as evidence. However, it should be noted that the validity of a witness's testimony may be affected by a number of factors, such as the credibility of the witness.
In the process of collecting and presenting evidence, the following points need to be noted:
1.Gather evidence in a timely manner: Once you become aware that there may be a commission dispute, you should gather evidence in a timely manner. Some evidence may fade over time and therefore needs to be preserved in a timely manner.
2.Ensure the authenticity of the evidence: The evidence provided must be authentic and reliable, and cannot be forged or tampered with. Otherwise, it could have a negative impact on the case as a whole.
Legal practice reference: Answers to Difficult Questions in the Trial of Labor Dispute Cases (Citizens and Law, February 2023 (Trial Edition)) of the First Civil Division of the Higher People's Court of Henan Province
Q: What are the key points of review in cases involving the payment of commissions?
Answer: For the payment of commissions, it is necessary to review whether the labor contract is agreed, whether the rules and regulations of the employer are stipulated, whether the calculation method of the commission is determined, and the actual performance of the employee. Among them, for the specific project commission claimed by the employee, it is necessary to review the relevance of the employee to obtain customer information, negotiate, sign the project contract, documentary, deliver, and collect payment. After the two parties have agreed on the calculation method and standard of the commission, the employer and the employee need to reach an agreement before changing the commission ratio because the commission is part of the labor remuneration. If the employer unilaterally increases the commission ratio and the employee does not raise an objection, it may be deemed that the employee has accepted itIf the employer unilaterally reduces the commission ratio or deducts certain expenses, etc., and the employee does not expressly accept it, the reasonableness of the employer's action shall be reviewed. If it cannot be justified, the employee has the right to claim the difference in commission.