[Summary of the trial]
Workers have studied and are familiar with the "Product Quality Management Regulations" when they join the company and from the perspective of the characteristics of the industry and the nature of the position, the worker has been working in the binding workshop since July 2011, and should be proficient in the operation process of machinery and equipment, and operate the machine in strict accordance with the company's equipment operation specifications; 。
【Brief Facts of the Case】
Li joined a company in Beijing on July 6, 2011, as a printing machine captain, responsible for the operation of machinery and equipment for color printing frames, and the salary composition is a fixed salary of 2320 yuan + performance. On July 11, 2017, the two parties signed an indefinite-term labor contract, stipulating that Li's salary during normal work shall not be lower than the local minimum wage standard, and the actual wages paid include but are not limited to basic salary, overtime salary, performance salary, welfare salary, etc. A company in Beijing has paid social insurance for Li from July 2011 to January 2023. With the approval of the Human Resources and Social Security Bureau, since January 16, 2020, the binding workshop where Li is located has implemented a comprehensive calculation of working hours on an annual cycle.
On March 5, 2023, Mr. Li proposed to terminate the labor relationship for the following reasons: 1. Failure to provide labor protection and working conditions, 2. Failure to pay labor remuneration in full and in a timely manner, failure to pay overtime wages, and failure to pay work-related injury insurance benefits in full and in a timely manner, 3. Failure to pay social insurance for workers in accordance with the law. The employment relationship between the parties was terminated on March 5, 2023.
In response to the problem of underpayment of wages, Li claimed that there was a wage difference between January 1, 2022 and January 31, 2023 (quality deductions, absenteeism deductions and the actual unpaid part of unemployment insurance personal burdens). A company in Beijing did not agree to pay the wage difference, claiming that the wages for the period from January 1, 2022 to March 5, 2023 had been paid in full and there was no difference.
The company submitted the labor contract, the "Product Quality Regulations", the details of Li's quality deduction and the report on abnormal conditions, etc., to prove that from 2022 to 2023, Li had deductions due to work mistakes and other reasons, among which the "Product Quality Regulations" "Reward and compensation rules for each process after printing" shows that if there are problems such as folding and sticking in the stages of glue nails and folding pages in the production process, the leader and the inspector will bear the liability for compensation, proving that the labor contract stipulates that Li has studied and is familiar with the "Product Quality Regulations" , the company's quality deduction is reasonable. Mr. Li only recognized the authenticity of the signature of the word "Li" in the labor contract and the "signature of the parties" and "report to the captain of the machine" (January 11, 2022, February 25, 2022, August 12, 2022) in the labor contract and the abnormal situation report, and did not recognize the authenticity of other evidence, nor did the purpose of the proof, and the abnormal situation report was only a report on Li's daily work at work, and the employer had no right to impose fines, let alone deduct wages, and the employer could claim compensation separately if losses were caused.
The abnormal situation report signed by Li shows that on January 11, 2022 and February 25, 2022, there were abnormal phenomena such as "the wrong size of the finished product was not proofread during printing" and "P61, P93, P64, and P96 dropped words on four pages", and on August 12, 2022, there were abnormal situations such as "Wang found ink on the 10th generation page when signing the sample". The labor contract shows that Mr. Li had studied and was familiar with the company's rules and regulations, including the "Product Quality Management Regulations", when he joined the company.
Referee Result]
The Beijing Daxing District Labor and Personnel Dispute Arbitration Commission made the Jingxing Lao Ren Zhong Zi [2023] No. 2222 award to pay Li the difference in wages of 742.6 yuan from January 1, 2022 to January 31, 2023;
Beijing Daxing District People's Court (2024) Jing 0115 Min Chu No. 116628 Civil Judgment to pay Li the difference in wages of 592.6 yuan from January 1, 2022 to January 31, 2023 and release economic compensation.
【Case Tips】
Employers are reminded that they should pay their employees' wages in full and on time, and shall not arbitrarily deduct or default on them. For the economic losses caused by the employee, if the loss and evidence are sufficient, it can be reasonably deducted from the salary, but the balance after deduction shall not be lower than the local minimum wage standard.
Employees are reminded that during the existence of the employment relationship, they should properly keep the evidence related to the employment relationship, such as labor contracts, wage slips, social security payment records, etc., so that they can prove their claims in the event of disputes. When an employer is found to have violated the law, it should promptly apply to a labor dispute arbitration institution for arbitration or file a lawsuit with the people's court to protect its legitimate rights and interests.
Disclaimer: The content of this article is for reference only and is not intended as legal advice for specific cases.