"I worked for 2 months, and I didn't even see a shadow of the basic salary of 4,000 when I signed the contract", "I worked for 15 days, and I didn't get a penny", "I was fired because I questioned my salary"......
On the 17th, 23-year-old Xiao Zhao called the Huashang Daily news hotline 029-88880000 to complain that he and his colleagues were "deducted" wages for no reason by a company in Jinye Times in the High-tech Zone, which had worked for more than 2 months.
The agreed basic salary of 4,000 yuan has not been received for 2 consecutive months
According to the labor contract provided by Xiao Zhao, his position is that of a drainage supervisor.
"I applied for the company on February 22, became a regular on March 22, and signed a labor contract on March 25. According to the contract, my salary during the probation period is 4,000 yuan, and the basic salary after the regularization is 4,000 yuan. Xiao Zhao said, "But in February, my actual salary was only 765.52 yuan, and the salary table on April 15 showed that my salary in March was only 2,968 yuan." ”
However, after 4,000 yuan, the parentheses are marked with "the salary adjustment during the employment period is determined according to the individual's work performance and job assessment standards, and the commission is paid in accordance with the company's system".
In addition, on the second page of Xiao Zhao's labor contract, there is also a pen handwritten with the words "300 yuan for full attendance award".
As for the number of days of attendance in the salary list provided by Xiao Zhao, his number of days of attendance in March was 23 days, but in the basic salary column of the salary list, it became 3,700 yuan and 300 yuan for full attendance. "The attendance award is not counted alone, does this count as an invisibly deduction of 300 yuan?" Xiao Zhao said.
There is also a sales commissioner, Xiao Guo, who worked for half a month, but he didn't receive a penny. "In my opinion, the content of going to work every day is to guide interested customers to open online stores on the platform through the words provided by the company, etc., although it is true that a single business has not been negotiated during the work, but it is also working with due diligence, and the off-duty time is also replying to customer messages in the hope of promoting orders, and after half a month, must there be performance to get the salary of the day?!"
After initiating an in-service arbitration, a "notice" with an overlord clause was received
Mr. Zhao said he was angry when he saw the payroll on April 15 and told the person in charge that he would "arbitrate on the job."
"Then the person in charge began to press me to leave. On the 16th, I just arrived at the company and received a 'notice', the content is roughly that I am the drainage supervisor, the daily drainage intention customers need to reach 20, and the salary of the minimum standard of the high-tech zone will be paid according to the minimum standard of the work index; the number of customers with the intention of daily drainage is less than 10 without salary; the cumulative number of drainage in 3 days is less than 10, and the company has the right to reasonably and legally terminate the labor relationship with the inability to complete the work index. Xiao Zhao took out the notice dated April 16, 2024 with the full name of the company, and the last sentence also read, "This notice is in triplicate, one for each party, and one for each party to post, and one copy is posted on the company's bulletin board, and it will take effect upon delivery".
"Early in the morning of April 17, I just arrived at the unit and received the 'employee dismissal notice', although the time of the human resources tribe was April 15, but it was not stamped until the 17th. Xiao Zhao said.
On this employee dismissal letter, the reporter saw that the reasons for dismissal were "unfinished work indicators (not working), disobedience to company management, and deliberate discrediting the corporate image".
A person in charge of the company: "If you think there is a problem, go and apply for arbitration"
At noon on the 17th, the reporter of Huashang Daily Gale News went to the office of the company with the two, and Mr. Zhou, the relevant person in charge of the enterprise, gave a variety of explanations for Xiao Zhao and Xiao Guo's questioning, first "There is nothing to explain, you can apply for labor arbitration", and then said "Anyone can accept wages, why can't you".
After several requests, he explained how the salary was calculated: "Our salary last month was based on the basic salary/30* number of days of attendance, which is 'unpaid leave'. ”
In this regard, Xiao Zhao said: "I didn't know until now that the original 'full attendance 300 yuan single count' is to come every day to be considered full attendance?"
But Mr. Zhou said the announcement had been posted on the wall. The reporter saw that the public notice document named "Drainage Department System" was indeed posted on the wall on March 22, which clearly stated that "the minimum number of customers per day for the drainage post is 5", "the number of customers for the drainage post is more than 5, and each reward is 5 yuan", "If the number of customers obtained by 5 per day is not completed, the salary will be calculated according to the percentage of completion." ”
However, Xiao Zhao and Xiao Guo both said that they did not know that the salary was calculated in this way. But Mr. Zhou stressed again that "it has been published here since March 22".
Xiao Zhao believes: "If you want to calculate wages according to the number of days of attendance, you should divide the basic salary by the number of days of attendance, not 30 days." I think there's definitely something wrong with this salary algorithm. ”
"If you feel that there is a problem, go and apply for arbitration. Mr. Zhou said again.
High-tech Zone Labor Inspection Brigade: You can bring relevant information to the brigade for processing
On the afternoon of April 17, a reporter from Huashang Daily Gale News called the labor inspection brigade of Xi'an High-tech Zone, and after learning about the general situation, the relevant staff replied: "I hope that the parties concerned will bring the labor contract, identity certificate and written evidence that can prove that the two parties have a labor relationship to the brigade to complain, and we will intervene to deal with it." ”
Xiao Zhao said that their current appeal is to let the company pay back the deducted wages in accordance with the provisions of the labor contract.
[Lawyer's Statement]
The assessment announcement that conflicts with the provisions of the labor contract is not established
Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public interest lawyer, believes that employers are not allowed to arbitrarily deduct employees' wages, otherwise it will be illegal, in violation of Article 50 of the Labor Law of the People's Republic of China, which stipulates that wages should be paid to the workers themselves in the form of money on a monthly basis, and they must not deduct or default on the wages of employees without reason.
"In this case, the labor contract signed by the two parties stipulates a basic salary of 4,000 yuan, and the employer issues a post appraisal announcement that conflicts with the employment contract, and wants to replace the wage agreement in the labor contract with a piece of paper, which is obviously not valid, because the announcement of the appraisal system can only be considered effective after going through legal procedures, such as the voting of the employee congress or the trade union. What's more, the labor contract has a basic salary of 4,000 yuan, which means that no matter how the salary is adjusted, it cannot be lower than the monthly salary of 4,000 yuan. Zhao Liangshan said, "On the other hand, the '300 yuan for full attendance' marked in the labor contract and the 'unpaid leave' mentioned by the relevant person in charge of the enterprise when questioned are also 'secretly changed concepts'." According to the relevant provisions of the Labor Law, 'workers have the right to rest, and no unit may deprive them of their right to rest', and the requirement that attendance be counted as 'full attendance' based on the actual number of days per month is also obviously contrary to the relevant provisions. ”
Sign the labor contract and keep the evidence When defending your rights, you can first file a complaint with the labor inspection brigade where the employer is located
Zhao Liangshan reminded that in order to avoid labor disputes, before employment, employees should sign a written labor contract or employment agreement with the employing unit, and require that labor remuneration, labor remuneration payment time, working hours, type of work, social security, etc. be clearly stipulated in the contract.
"In the event of a dispute, the employee can fix relevant evidence, such as collecting pay slips, salary transfer bank statements, labor contracts, WeChat chat records with the person in charge or supervisor of the employer, etc., for future rights protection. In this case, the employee may first file a complaint with the labor inspection brigade where the employer is located, which will mediate and deal with the case, and the labor inspection brigade may order the employer to pay back wages and issue a fine to the employer. Of course, employees can also choose to file an arbitration with the labor dispute arbitration commission where the employer is located to protect their legitimate rights and interests.
Huashang Daily Gale News reporter Fu Qimeng/text Chen Tuanjie/picture
Source: Huashang Net-Huashang Daily