The labor remuneration dispute case in Shenzhen, Guangdong Province, supervised by Zhou Xuliang, director of Beijing Guanling Law Firm, Ren Zhanmin, executive director, and lawyer Liu Jinjiao**, was heard by the Labor and Personnel Dispute Arbitration Commission of a district in Shenzhen, and the Arbitration Award was made, and the respondent paid the applicant (client) a basic salary of 1 for normal working hours from March 29 to May 16, 202360,000 yuan.
One day in October 2023, Jin Shuo came to Beijing Guanling (Shenzhen) Law Firm, and as soon as he sat down, he began to pour bitter water, saying that he believed the promises of others and became the deputy general manager of a company, but he did not expect that the monthly salary of 50,000 yuan negotiated in advance was sharply reduced to 3,000 yuan, and it has not been paid yet!He really couldn't swallow this breath and hoped that the lawyer could help him defend his rights.
After research and judgment, Guanling Law Firm accepted the commission and appointed lawyer Liu Jinjiao, who has rich experience in the field of labor disputes, to undertake the case.
Guanling's lawyer learned that Jin Shuo had cooperated with Yongkang Company in Shenzhen for two product processing operations around March 17, 2023, and took the initiative to find a suitable factory for its use when he understood that Yongkang's customers had a need for leasing factories.
Jia Chengwen, the owner of Yongkang Company, said that he admired Jin Shuo very much and invited him to join Yongkang Company to develop his career together, and Jin Shuo readily agreed. The two parties signed an employment contract on March 29, 2023, but the top horizontal line on the last page of the contract was blank, and the labor period, job position, and salary were not written.
After Jin Shuo joined the company, Jia Chengwen frequently arranged business trips to participate in project exhibitions in various places to develop customers, but he did not pay him any basic salary except for reimbursement of business expenses. Jin Shuo said that when Jia Chengwen invited him to join the company, he personally promised him to take up the position of deputy general manager of the company, with a monthly salary of 50,000 yuan, hoping to cash it out as soon as possible. At this time, Jia Chengwen took out the labor contract and said that the contract stated that Jin Shuo would take up the position of salesman with a monthly salary of 3,000 yuan.
Jin Shuo found that the previously blank labor contract was now filled out, how could he not realize that he had been deceived?As a result, after returning from a business trip to Guangzhou on May 16, 2023, he did not participate in any company activities and ignored the work arrangement. Jia Chengwen then contacted Jin Shuo to return to work through **, and Jin Shuo directly proposed to resign.
Since then, Jin Shuo has come to Yongkang Company many times to ask for salary, but he has been ignored. He believed that his legitimate rights and interests had been seriously infringed, so he entrusted Guanling's lawyer to defend his rights through legal channels.
After clarifying the facts of the case, lawyer Guanling instructed Jin Shuo to collect WeChat chat records, labor contracts, photos taken when signing the labor contract, business cards and other evidence, and then he applied to the arbitration commission for arbitration.
Counsel for the crown counsel submitted to the arbitral tribunal that:
First of all, according to the signature information of the labor contract, it can be seen that Jia Chengwen wrote "2023 3 29" and stamped the official seal at the place where Party A signed the labor contract, and Jin Shuo also wrote "2023." at the place where Party B signed the labor contract3.29", it can be known that the two parties have agreed to establish an employment relationship on March 29, 2023, and it should be deemed that the two parties have established an employment relationship since March 29, 2023.
Second, Jia Chengwen arranged for Jin Shuo to go on a business trip to Guangzhou on May 16, 2023, which was of a work nature, and then Jin Shuo proposed to resign, so it should be determined that Jin Shuo's last working day was May 16, 2023.
Again, according to WeChat chat records, Jia Chengwen once sent a message to Jin Shuo: "Since you were asked to be the deputy general manager, I have clearly negotiated with you about the salary (the business subsidy of 15,000 salary, including car subsidies, etc., needs to be reimbursed by tickets)." From this news, it can be seen that Jia Chengwen called Jin Shuo in the name of vice president, which is consistent with the position advocated by Jin Shuo, so Jin Shuo's job position should be determined to be deputy general manager.
Finally, Jia Chengwen asserted that the labor contract signed by the two parties clearly stated the job position and salary benefits, but according to the ** taken when the labor contract was signed, the top horizontal line on the last page of the labor contract was blank when the two parties signed the contract, and the content of the labor contract was filled in by Jia Chengwen later and should be found invalid. Moreover, as the vice president, Jin Shuo's salary is only 3,000 yuan per month, which is obviously inconsistent with common sense, so it should be determined that Jin Shuo's salary standard is 10,000 yuan for the basic salary and 5,000 yuan for the other 5,000 yuan.
The arbitration commission adopted the opinion of Guanling's lawyer and made a ruling after accounting: Yongkang Company should pay Jin Shuo's basic salary for normal working hours from March 29 to May 16, 202360,000 yuan.
Yongkang Company still did not give up, and filed a counterclaim in the arbitration process, claiming that Jin Shuo had caused huge losses to the company due to his irresponsible work, damaged the reputation of Yongkang Company, and claimed 300,000 yuan from him.
In this regard, the lawyer of Guanling refuted that Yongkang Company's move was to transfer the risk of enterprise operation to the employees, which was obviously unfair to the employees, and Yongkang Company had no evidence to prove that the losses were caused by Jin Shuo's gross negligence or intention, and Jin Shuo did not need to bear the liability for compensation. In the end, Yongkang's arbitration claims were all rejected.
When taking the initiative to fight for rights and interests, he did not forget to strictly guard against the unreasonable claims made by Yongkang Company, and provided him with rigorous and comprehensive legal services for rights protection, which fully demonstrated the profound legal skills of Guanling lawyers.