He Jiong's father passed away on December 30, 2022, and what is even more surprising is that his mother also passed away a few months ago.
After more than a year, He Jiong was exposed to owe Nanny Su Yu's salary, and the truth behind it was revealed from the following 6 points!
1. On March 2, 2019, He Jiong hired Su Yu as a nanny to take care of his mother with reduced mobility.
It is reported that Nanny Su Yu was introduced by He Jiong's father, and she can be regarded as knowing the roots.
Since the nanny and the employer are in a labor relationship, they cannot pay social insurance. In order to give nanny Su Yu an extra guarantee, He Jiong signed a labor contract with her from He Jiong's father's company, so that he could pay social security for nanny Su Yu.
He Jiong understands that nanny Su Yu's life is not easy, and often provides help, and even allows her to bring her own children to the house to take care of them together.
Later, when working in nanny Su Yu, her brother Su Li would often expose the dynamics of He Jiong's family to gain favor.
He Jiong found that the work of nanny Su Yu did not meet his expectations, and on June 5, 2022, he fired Su Yu.
2. In April 2021, He Jiong's father owed 430,000 yuan due to a commercial dispute, which was forced by the court.
He Jiong's father was included in the list of untrustworthy persons, and he could not serve as a company legal person. He Jiong asked nanny Su Yu to serve as the legal representative of his father's company, which has been changed a few months later.
Nanny Su Yu's brother Su Li said frankly: his sister Su Yu served as the legal representative to bear the corresponding risks, and He Jiong's father had promised to pay remuneration, but finally did not pay anything.
3. He Jiong's father asked Nanny Su Yu to be the company's legal person, and Nanny Su Yu considered herself a nominal employee of the company.
In fact, Su Yu only does the job of taking care of He Jiong's mother, and her labor salary is paid from He Jiong's father's company.
4. The problem is here!
On the surface, Nanny Su Yu received the company's employee wages (including social security contributions), which was due to the labor contract, resulting in the nanny's labor salary seemingly not being paid.
However, in fact, Nanny Su Yu did not work in the company, and the labor wage paid by the company was the labor salary of the nanny who actually took care of He Jiong's mother.
This reasonably explains why the nanny can accept 3 years without paying labor wages.
5, nanny Su Yu's brother posted: At work, there are agreements and commitments between He Jiong and nanny Su Yu, including He Jiong's father's company.
This promise should be the compensation of Nanny Su Yu as the legal representative, and we don't know the specific agreement information.
After the nanny Su Yu was dismissed, she thought that she had served as the legal representative of He Jiong's father's company, and the compensation promised by He Jiong's father was not fulfilled, and she was unwilling.
Now the nanny Su Yu tried to exploit the loophole in the contract, grasping that labor and labor belong to different subjects, insisting that He Jiong only paid the company's labor wages and did not pay his labor wages for taking care of He Jiong's mother, and the lion opened his mouth to demand 1.19 million compensation.
The two took the lawsuit to the court, and Nanny Su Yu made a request of more than 1 million, obviously not because He Jiong owed the nanny more than 1 million yuan, but based on the welfare benefits that she, the "legal representative", wanted to enjoy.
After understanding the relevant circumstances, the court ruled in the first instance that He Jiong needed to pay Nanny Su Yu 149147 yuan in labor wages.
This 149147 yuan is theoretically Su Yu's labor salary to take care of He Jiong's mother, but in fact, the company has already paid her labor wages, which is why the compensation gap is so disparity.
6. He Jiong believes that Su Yu only did the work of taking care of his mother, did not provide any labor in his father's company, and did not want to condone Su Yu's naked blackmail.
He Jiong and Nanny Su Yu signed a company labor contract, and now He Jiong can only refuse to recognize Su Yu's nanny work, he believes that Su Yu's care of his mother belongs to the scope of the company's labor contract, does not belong to the labor relationship, and should not pay the nanny labor remuneration.
To put it simply, He Jiong believes that Nanny Su Yu takes care of her mother belongs to the company's work, has already received labor wages from the company, and should not pay additional labor wages.
He Jiong did not want to be insulted by Su Yu, so he could only file a second-instance appeal again.
Final summary: Nanny Su Yu believes that he has served as the legal representative of the company for several months and has borne corresponding risks, and He Jiong's father has not paid the corresponding compensation as promised.
After Nanny Su Yu was fired, she took the salary paid by the previous company as her remuneration for serving as a legal representative. Exploiting the loopholes in the contract, entangled in the difference between labor and labor services, and disguised as demanding that He Jiong pay her for taking care of her mother.
He Jiong believes that he signed a company labor contract with nanny Su Yu out of kindness, just to pay social insurance to Nanny Su Yu and have an extra guarantee.
Su Yu's salary for taking care of his mother has obviously been paid from the company, but he was bitten back afterwards and asked to pay double wages again, which is really inadequate. Therefore, even if he spends more time and energy, he does not want to condone the shameless behavior of Nanny Su Yu.
Support He Jiong, give the money that should be given, and not give a single cent of the money that should not be given, and resolutely resist shameful behavior.