[Essence of the Adjudication]
The employer did not accept the claim that the employee was the chairman of the trade union and should enjoy the treatment of the administrative deputy, and the employer demanded that the employer pay the difference in wages during the period of serving as the chairman of the trade union, and the employer did not accept this, and the labor contract signed by the two parties stipulated that the wage should not be lower than the minimum wage standard in Tianjin, and the employee did not submit evidence to prove that there were other agreements between the two parties on the wage standard, so the employer paid the wages in accordance with the contract, which was in accordance with the law.
【Brief Facts of the Case】
On November 1, 2020, Wang joined a company, and on the same day, the two parties signed a written labor contract, with a contract period of one year, from November 1, 2020 to October 31, 2021, and the salary is not lower than the minimum wage standard of Tianjin. On November 1, 2021, the parties renewed the labor contract for a period of one year, from November 1, 2021 to October 31, 2022. On November 1, 2022, the two parties signed a labor contract again, with a contract period of three months, from November 1, 2022 to January 31, 2023, and the salary shall not be lower than the minimum wage standard of Tianjin. On February 1, 2023, the parties renewed the employment contract for a period of six months, from February 1, 2023 to July 31, 2023.
On July 27, 2023, a company sent a notice of termination of the labor contract to Wang, and terminated the labor contract relationship with Wang on July 27, 2023 on the grounds that the objective situation had changed, in accordance with the provisions of Article 40 (3) of the People's Republic of China Labor Contract Law. A company has paid economic compensation of 67,269.4 yuan to Wang.
Wang asserted that he was the chairman of the trade union and should enjoy the treatment of an administrative deputy, and sued a company to pay the difference in wages of 133,450 yuan during his tenure as chairman of the trade union. The court of first instance found that Wang's claim for wage difference was insufficient and was not supported. Wang was dissatisfied and appealed.
【Judgment Result】
The court rejected Wang's claim for the difference in wages.
[Reasons for the Adjudication]
The court held that the employer should pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and state regulations. Wang asserted that he was the chairman of the trade union and should enjoy the treatment of an administrative deputy, and sued a company to pay the difference in wages during his tenure as chairman of the trade union, but the company did not recognize this. In the labor contract signed by the two parties, it was agreed that the salary should not be lower than the minimum wage standard of Tianjin, and the actual salary paid by the company to Wang was not lower than the minimum wage standard of Tianjin. Wang's salary standard was determined by him and a company through negotiation, and it was specified in the labor contract. Wang did not submit evidence to prove that there were other agreements between the two parties on the wage standard, so the company paid wages in accordance with the contract, which was in accordance with the law. Wang's claim that there was a wage difference was insufficient and the court did not support it.
【Case source】
Tianjin No. 2 Intermediate People's Court (2024) Jin 02 Min Zhong No. 4265 Civil Judgment.
【Case Tips】
If a trade union employee is terminated from his or her labor contract due to the performance of his or her duties, the labor administrative department has the right to order the employer to resume his or her work, pay back the remuneration due during the period of termination of the labor contract, or order him to pay compensation equal to twice his annual income.
Remind employees that if an employee is elected as the chairman of the trade union, if the rights and interests are damaged in the course of performing their duties, such as being demoted, suspended, withheld wages or other unfair treatment by the enterprise, the higher-level trade union should cooperate with the party organization of the enterprise to urge the enterprise to revoke the improper decision, and resume the original position of the chairman of the trade union, and make up for his economic losses.
Disclaimer: The content of this article is for reference only and is not intended as legal advice for specific cases.