Source: Hangzhou.com
Mr. Chen from Taizhou has worked in a company for many years. However, last year, he actually had a two-month salary of negative... So, Mr. Chen resigned and applied for labor arbitration .
Recently, Luqiao Court made a verdict on the case.
I owed the company 1,600 yuan for two months after working
Mr. Chen mainly engaged in sales in the company. Later, due to the change of the company's operator, the management model was also adjusted accordingly, and the commission model without a fixed guaranteed salary was implemented.
Since January 2021, Mr. Chen’s salary has dropped sharply, and even negative in March and April, and he has to pay more than 1,600 yuan to the company.
Under helplessness, Mr. Chen resigned to the company in April 2021. However, the company believes that Mr. Chen resigned without authorization and refused to pay the salary and economic compensation .
failed to negotiate, so Mr. Chen applied for labor arbitration from the Labor and Personnel Dispute Arbitration Committee of Luqiao District, Taizhou City. In November 2021, the arbitration awarded the company to pay Mr. Chen a total of more than 80,000 yuan in wages and economic compensation. Mr. Chen and the company expressed dissatisfaction with the arbitration results, so they filed a lawsuit with the People's Court of Luqiao District, Taizhou City.
In court, regarding Mr. Chen’s salary from January to April 2021, the company stated that it had never promised a guaranteed salary to the sales staff, and it implemented a sales commission model with unsecured salary and more work and more income. Mr. Chen did not reach business volume and returned products, which resulted in a reduction in salary or even negative value.
. According to the salary details, Mr. Chen’s actual salary of last year was: 1763.64 yuan (January), 591.71 yuan (February), -1319.92 yuan (March), and -312.31 yuan (April). The main reason why Mr. Chen was deducted was that the customer's return and the overdue payment was made. The company has not provided corresponding evidence to prove this.
court sentenced the company to pay economic compensation
After the court held that when Mr. Chen provided labor normally, the company violated the minimum wage standard for his salary calculation method in February, March and April. Therefore, the company should calculate the salary after deducting the personal burden of the social security he has paid according to the minimum wage standard in Taizhou city.
Although Mr. Chen first resigned, he was forced to pay the plaintiff's corresponding economic compensation because the company failed to pay wages according to the law, and it was lower than the local minimum wage standard and even in reverse owes.
In the end, the court made a judgment that the company should pay Mr. Chen a total of more than 88,000 yuan in salary and economic compensation. After the case was ruled, neither party appealed.
At present, the judgment has taken effect.
Judge's statement
According to Articles 47, 48, and Article 12 of the " Labor Law of the People's Republic of China", employers have the right to independently determine the wage distribution method and wage level of the unit in accordance with the law based on the production and operation characteristics and economic benefits of the unit. However, when workers provide normal labor, the wages that the employer should pay to the worker shall not be lower than the local minimum wage standard after excluding overtime wages, subsidies under special working environments and conditions, and encouragement benefits stipulated by laws and regulations. The minimum wage standard refers to the minimum labor remuneration paid by the employee on the premise that he or she has fulfilled normal labor obligations during the statutory working hours.
In this case, the company can formulate corresponding reward and punishment systems for sales positions, but it must be formulated based on compliance with legal provisions. No matter how the company's policies change or how performance fluctuates, as long as the worker pays his labor normally, the wages he gets cannot be lower than the minimum wage standard in his location, otherwise he will inevitably bear the corresponding legal responsibilities.
According to Articles 38 and 46 of the Labor Contract Law of the People's Republic of China, if the employer fails to pay labor remuneration in a timely and full manner or rules and regulations violate the provisions of laws and regulations and harms the rights and interests of the workers, the employee may terminate the labor contract, and the employer shall pay economic compensation to the workers.According to Article 47 of the Labor Contract Law of the People's Republic of China, economic compensation is paid to the worker according to the standard of paying one month's wages for every full year when the worker works in the unit. If it is more than six months or less than one year, it shall be calculated as one year; if it is less than six months or less, the economic compensation for half a month's salary shall be paid to the workers. Monthly wage refers to the average wage of a worker in the twelve months before the labor contract is terminated or terminated.
In this case, the employer deducted wages and the wages paid were lower than the local minimum wage standard. Mr. Chen was forced to resign. The company should pay the corresponding economic compensation according to his years of working in the company and monthly wage standards.
Source: Luqiao District People's Court
