Is the employer's attendance sheet legal and valid without the employee's signature? Clear legal provisions?

It is legal and effective. If the attendance sheet is generated after punching by the punching machine, it generally does not need the employee's signature and is legally binding. If the information needs to be changed due to abnormal attendance, it must be signed by the employee. If employees find that there is a discrepancy between salary and attendance, they can apply for checking attendance records. If there are any mistakes, the personnel department has the obligation to explain them to the employees and modify them with the consent of the employees.

Legal analysis

If the payroll and attendance sheet are not signed by the employee, the employer may bear adverse consequences. The employer may bear the adverse consequences of false evidence if the employee refuses to recognize the salary table and attendance table without the signature of the employee. As far as wages and attendance records are concerned, they are recorded or mastered unilaterally by the employer, which is likely to be forged or tampered with, which is not conducive to the maintenance of workers' rights and interests. Therefore, in principle, it should be signed by the workers. The employer only provides single evidence such as payroll and attendance sheet without the employee's signature. If the laborer denies it, it will not be accepted directly, nor can it effectively defend the laborer's request. However, if the relevant evidence provided by the employer, such as bank payment vouchers, wage payment records, witness testimony, vacation notes, or the relevant system of the employer confirmed by the workers' congress, can be mutually verified with the relevant system of the employer, it can be accepted according to law.

legal ground

People's Republic of China (PRC) labor dispute mediation and arbitration law

Article 6 In the event of a labor dispute, the parties have the responsibility to provide evidence for their claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it; If the employer fails to provide it, it shall bear the adverse consequences.

Article 3 The handling of labor disputes shall be based on facts, follow the principles of legality, fairness, timeliness and mediation, and protect the legitimate rights and interests of the parties according to law.