During my work in Wuhan New City International Expo Center Co., Ltd. (Wuhan state-owned enterprise), in order to safeguard the interests of the country and the company, I resisted signing and confirming 2 million yuan of products with a market inquiry of up to 500,000 yuan to the construction party. The interests of individual leaders were harmed, and the company failed to coerce them, so they withheld quarterly bonuses, year-end bonuses, and wages (the amount deducted had been recognized by the courts of first and second instance), and even was illegally terminated from the labor contract.
So he filed a lawsuit with the Hanyang Court of Wuhan City in accordance with the law. Below is the part of my indictment and the court's judgment (see the attachment for the full text of the indictment and judgment). From the judgment, it can be seen that the court supported my claim on the one hand: Wuhan Xincheng International Expo Center Co., Ltd. deducted wages, deducted the 2016 quarterly bonus and year-end bonus, and failed to pay the full amount of economic compensation for the termination of labor relations (what I proposed was compensation, and FG's judgment was compensation, a difference of one word, and the legal meaning is different). According to the law, if the breaching party violates the law and infringes on the interests of the parties, the lawful claim of the plaintiff should be supported in accordance with the law, and compensation may not be given in accordance with the law in the judgment, which is obviously an arbitrary judgment. (For other illegal matters in the entire judgment process, I will not file a complaint here, and reserve my judicial rights).
Labor Dispute Complaints
Plaintiff: Li Yanjiang Gender: Male Nationality: Han Born: October 27, 1960
Occupation: Unemployed Work Unit: None Address: 7 Village, Evergreen Garden 2nd Community, Wuhan City
ND Number: 420104...... Contact number: 18971356461
Defendant: Wuhan Xincheng International Expo Center Co., Ltd. (state-owned holding)
Unit residence: Qiaochuju Commercial, Guobo New Town, Sixin South Road, Hanyang District, Wuhan City
Legal representative: Li Bing Position: Chairman of the Board of Directors General Department Tel: 84532027
The plaintiff filed a lawsuit with your court because he was dissatisfied with the arbitration award of Wuhan Labor and Personnel Dispute Arbitration Commission Wu Lao Ren Arbitration Zi [2018] No. 8.
Claims:
1: The defendant is requested to pay the plaintiff 311,213.29 yuan in compensation for the illegal termination of the contract.
2: The defendant is requested to pay the plaintiff 16,948.96 yuan in overtime pay and compensation since January 1, 2016.
3: The defendant was requested to pay the plaintiff the wages and compensation of 9,166.78 yuan for October 2017 due to the failure to pay the full amount in accordance with the labor contract.
4: Request the defendant to pay the plaintiff the quarterly bonus, year-end bonus and compensation of 18,500 yuan withheld without fault in 2016.
5: Request the defendant to pay the plaintiff a year-end bonus of 48,000 yuan in 2017.
6: Request the defendant to pay the plaintiff the benefit award of 2,357.63 yuan for the fourth quarter of 2017.
Facts & Reasons:
On November 13, 2014, the plaintiff and the defendant signed a fixed-term employment contract from October 23, 2014 to October 22, 2017. The contract stipulates that the standard working hour system shall be implemented. The plaintiff's job position is a cost engineer in the cost department, and the work content is the cost of installation projects, and the place of work is No. 619, Parrot Avenue, Hanyang District, Wuhan City. The plaintiff's actual working hours at Wuhan New Town International Expo Center Co., Ltd. (state-owned holding) were from October 23, 2014 to November 6, 2017 (inclusive).
On August 25, 2017 and October 20, 2017 (the last working day of the expiration of the contract), the relevant leaders of the company successively notified me to "renew the labor contract" after the expiration of the contract, and I clearly agreed to renew it and handle it in accordance with the national policy. On October 23 (the first working day after the expiration of the contract), the company's leaders discussed the renewal of the contract with me again, and the two parties reached an agreement of "the original position, the original treatment, and the renewal of the three-year contract". On November 6, the company unilaterally and illegally terminated (dissolved) the labor contract, arbitrarily lowered my salary standard for October, did not pay wages in accordance with the contract and national regulations, and did not issue a certificate in accordance with Article 8 of the labor contract clause signed by both parties, "Party A shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract", etc., which are the continuation and escalation of the company's retaliation against me - the antecedents are:
In 2016, the leaders of the cost department asked me to sign and approve the price of the chandelier with a maximum price of 500,000 yuan in the market inquiry to the construction party according to the standard of nearly 2 million yuan (just one example here), which seriously damaged the interests of the country and the company, and I firmly disagreed, so it damaged the private interests of some people. The leaders of the cost department have repeatedly coerced people to "deduct bonuses, reduce salaries, and leave" to no avail, so they retaliated in the name of assessment and withheld part of my third quarter award and year-end bonus in 2016, and I clearly disagreed with the "assessment".
On November 14, 2017, I applied to the Wuhan Labor and Personnel Dispute Arbitration Commission for arbitration due to the company's illegal termination (dissolution) of the labor contract, arbitrarily lowering the wage standard for October, and refusing to compensate in accordance with national regulations. On January 22, 2018, it received the arbitral award of Wu Lao Ren Arbitration Zi [2018] No. 8 issued by the Wuhan Labor and Personnel Dispute Arbitration Commission. The plaintiff argued that the Wuhan Labor and Personnel Dispute Arbitration Commission had erred in determining the facts, erroneously cited legal provisions, and that the award was obviously unfair. (omitted later)
Civil Judgment of the People's Court of Hanyang District, Wuhan City, Hubei Province (2018) E 0105 Min Chu No. 911
Plaintiff: Li Yanjiang, male, Han nationality, born on October 27, 1960, living in Wuhan City, Hubei Province.
Defendant: Wuhan Xincheng International Expo Center Co., Ltd., address: No. 8, Jiefang No. 1 Village, Qingchuan Street, Hanyang District, Wuhan City.
(omitted in the middle)
Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that the employer shall bear the burden of proof in the event of a dispute arising from an employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce labor remuneration, calculate the length of service of the employee, etc. The plaintiff's quarterly bonus, year-end bonus in 2016 and salary in October 2017 were reduced, and the defendant failed to meet the burden of proof and should bear adverse legal consequences. Therefore, the defendant should make up the difference between the plaintiff's quarterly bonus and year-end bonus in 2016 of 6,152.1 yuan, and the difference in wages (including performance salary) of 3,779.75 yuan in October 2017.
To sum up, in accordance with the provisions of Article 44, Paragraph 1, Article 46, Paragraph 5, Article 47 and Article 85 of the Labor Contract Law of the People's Republic of China, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, and Article 64, Paragraph 1 and Article 142 of the Civil Procedure Law of the People's Republic of China, the judgment is as follows:
1. The defendant Wuhan Xincheng International Expo Center Co., Ltd. shall pay the plaintiff Li Yanjiang a lump sum of 13,297 yuan in economic compensation for the termination of labor relations within 10 days from the date on which this judgment takes legal effect;
2. The defendant Wuhan Xincheng International Expo Center Co., Ltd. shall pay the plaintiff Li Yanjiang a one-time payment of 6,152.1 yuan for the difference between the 2016 quarterly award and the year-end bonus within 10 days from the date of the legal effect of this judgment;
3. The defendant Wuhan Xincheng International Expo Center Co., Ltd. shall pay the plaintiff Li Yanjiang a lump sum of 3,779.75 yuan for the difference in wages (including performance wages) in October 2017 within 10 days from the date of this judgment taking legal effect;
4. Plaintiff Li Yanjiang's other litigation claims are rejected.
