1. Case background:
Mr. Zhang, a salesman in the marketing department of a company, signed a three-year labor contract with the company in March 2019, in which the payment method of wages and commissions was agreed. Zhang has always performed well and performed well at work, but since 2021, the company has begun to owe Zhang his commission salary. Zhang repeatedly urged the company to no avail, but the company fired Zhang on the grounds that he violated the company's regulations. Zhang felt very wronged, so he applied to the labor arbitration commission for labor arbitration, demanding that the company pay the arrears of commission wages, liquidated damages, interest and other related expenses, and demanded that the company compensate for the losses caused by the violation of the regulations.
2. The detailed facts of the case asserted by the parties:
Zhang asserted:Mr. Zhang believes that he has completed the corresponding business indicators in accordance with the contract and has achieved good performance. According to the contract, the company should pay the corresponding commission salary. However, the company failed to pay on time, which had violated the provisions of the labor contract and infringed on Zhang's legitimate rights and interests. In addition, the company dismissed Zhang for trumped-up reasons, which also violated the provisions of the labor contract. Therefore, Zhang demanded that the company pay the arrears of commission wages and bear the corresponding liquidated damages and interest. At the same time, Zhang also demanded that the company compensate for the losses caused by the violation of the regulations.
Company Proposition:The company believed that Zhang's performance was falsely reported and did not meet the standards agreed in the contract, so the commission salary should not be paid. In addition, the company also believed that Zhang had violated the company's regulations and caused losses to the company, so he was dismissed. The company believed that Zhang's claim had no factual and legal basis and requested the labor arbitration commission to reject his application.
3. Evidentiary materials of both parties:
The evidence provided by Mr. Zhang includes: labor contracts, business completion records, sales performance statements, salary slips, etc. These evidences prove that Zhang has an employment relationship with the company, and Zhang has completed the corresponding business indicators, but the company has not paid the commission wages on time. In addition, Zhang also provided some evidence such as communication records and transaction vouchers with customers to prove that his performance was true.
The evidence provided by the company includes: business appraisal form, internal regulations of the company, surveillance video, etc. These evidences prove that Zhang's performance was falsely reported, and the company stipulates that employees must comply with the company's regulations, otherwise they will bear corresponding responsibilities. In addition, the company also provided some evidence such as proof of loss and relevant witness testimony.
4. Applicable Governing Law Provisions:
The main legal provisions applicable in this case are the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China. According to these legal provisions, the employer shall pay wages and commissions and other benefits to the employee in accordance with the provisions of the labor contractAt the same time, it shall abide by the relevant national laws and regulations to protect the legitimate rights and interests of workers. If the employer commits illegal acts, the employee may apply to the labor arbitration commission for labor arbitration to protect his or her legitimate rights and interests.
V. Case Analysis:
According to the evidence and statements provided by the two parties, it can be seen that the two parties have differences on the contract agreement and assessment standards. However, according to the contract and relevant laws and regulations, the company should pay Zhang's commission salary on time, and shall not default or violate the agreement for any reason. If the company's claim is established, that is, Zhang's performance is falsely reported or other violations of the company's regulations, the company can terminate the labor contract with Zhang in accordance with the law and require him to compensate for the corresponding losses, but the existing evidence is not enough to prove the company's claim, so it is not accepted, and at the same time, the company's reason for exmissing Zhang is also not supported by sufficient evidence, so it is not recognized.
VI. Arbitration Result:
Based on the analysis of the facts of the case and the relevant laws and regulations, the Labor Arbitration Commission made the following rulings:
1. The company shall pay Zhang's arrears of commission wages within 10 days from the effective date of the award
2. The company shall pay the liquidated damages and interest incurred by Zhang due to wage arrears
3. The company's claims are not supported due to lack of sufficient evidence
4. The reason for the company's dismissal of Zhang was not recognized due to lack of sufficient evidence to support it