[Summary of the trial]
The employer agreed to collect RMB 70,500 from the employee, and although the company submitted evidence such as the corresponding system basis and the informed consent form for the payment of the risk collateral to prove the legality of the fee, the risk collateral was actually the employer's payment from the employee in the name of the risk mortgage, which violated Article 9 of the Labor Contract Law of the People's Republic of China.
【Brief Facts of the Case】
On May 21, 2020, Zheng signed a labor contract with a company in Beijing, and the agreed labor contract period was from July 15, 2018 to July 14, 2023, and Zheng resigned on February 15, 2023. On December 10, 2018, Zheng paid 33,600 yuan to a company in Beijing for the "risk collateral for the mechanical and electrical contracting project of Shenzhen World Convention and Exhibition Center (Phase I)", and on April 16, 2020, Zheng paid 36,960 yuan for the "risk collateral for the Futian project" to a company in Beijing.
On October 19, 2023, Mr. Zheng filed an arbitration application with the Labor and Personnel Dispute Arbitration Commission, requesting that a company in Beijing be awarded the return of 70,500 yuan of risk collateral.
A company in Beijing submits a letter of responsibility for project objectives, detailed rules for the implementation of the project target responsibility system of a company in Beijing, and informed consent for the payment of risk collateral. The notice on adjusting the management of risk collateral for project management proves that a company in Beijing collects risk collateral on the principle of employee voluntariness, Zheng himself signed the document and clearly knows the conditions for the return of risk collateral, and the system clearly stipulates that the risk collateral shall be returned in full after the completion of the target responsibility, and the two projects have not completed the company's assessment, and according to the company's system, they do not meet the conditions for refund, so a company in Beijing does not need to return the risk collateral.
Zheng recognized the authenticity of all the evidence, but did not recognize the purpose of proof, and was under the management and command of a company in Beijing when he signed the above-mentioned documents, and the part of the signed documents involving risk collateral violated the provisions of Article 9 of the Labor Contract Law, and should be found to be invalid. After investigation, the Convention and Exhibition Center Project and the Futian Excellent Drinking Water Project "Project Objective Responsibility Letter" all stipulate: the return of the project risk collateral, in principle, after the completion of the final assessment of the project, the project department completes the responsibility target agreed in the target responsibility letter, and the project money has been recovered according to the contract, the company timely and fully refunds the risk collateral, after the completion of the project, it is expected that the project can complete the target income, and the project funds are positive cash flow, the project department can submit an application for early return, and the risk collateral amount can be returned in advance after the approval of the cost management department.
【Judgment Result】
The Beijing Daxing District Labor and Personnel Dispute Arbitration Commission issued a notice of inadmissibility of Jingxing Labor and Personnel Dispute Arbitration Commission [2023] No. 0257;
Beijing Daxing District People's Court (2024) Jing 0115 Min Chu No. 601 Civil Judgment The company returned 70,500 yuan to the employee risk collateral.
【Case Tips】
Employers are reminded that they should establish a sound internal management system to ensure that all systems comply with laws and regulations. For systems involving the rights and interests of employees, they should be formulated and publicized through legal procedures. When recruiting workers, they shall strictly abide by the Labor Contract Law of the People's Republic of China and other relevant laws and regulations, and shall not require workers to provide guarantees or collect property from workers in other names.
Workers are reminded that when signing an employment contract, they should carefully read the terms of the contract, and pay special attention to the terms involving their own rights and interests. If the employer is found to have violated laws and regulations, it shall promptly submit and retain relevant evidence. In the course of work, the employer should clearly refuse to pay risk collateral and other similar behaviors and understand the relevant laws and regulations. If the relevant fees have been paid, the relevant evidence should be retained for future rights protection.
Disclaimer: The content of this article is for reference only and is not intended as legal advice for specific cases.