According to a local report in Henan, an employee of a network technology company in Zhengzhou said that he was dismissed after only 10 days of work, and finally only paid a salary of 45 yuan, and the relevant person in charge of the company showed the resignation application signed by the employee and the certificate of no objection to the salary. On January 1, 2024, a person from the labor and social security supervision department of the jurisdiction said that if an employee writes a resignation application under duress, it is invalid, but proof of coercion must be presented.
*, the employee said that he worked at Tongying Network Technology Company in Zhengzhou, Henan Province, and suddenly received a notice after participating in the training one day, he was dismissed, and he was only paid 45 yuan after working for 10 days. The screenshot of the chat shows that the company's treatment is a basic salary of 4,000 yuan plus a subsidy of 1,000 yuan before the regularization, and a basic salary of 5,000 yuan plus a subsidy of 1,000 yuan after the regularization.
In this regard, the relevant person in charge of the company involved presented the resignation application written by the party, and said that according to the time of signing the labor contract, a total of 8 days, 1 day of leave, and the actual work time of the party was 7 days. Immediately, the person concerned showed a screenshot of the chat to prove that he had been at work for 10 days. According to the lawyer, according to the law, the employee's salary is calculated from the first day of employment. The person in charge also said that the first three days of work of the company were trial jobs, not counting salary.
The content of the terms of the contract (source: official account of the safe consumption through train).
There is a clause in the contract that says: "Those who voluntarily leave or are dismissed by the company within 90 days must submit a letter of resignation to return their work documents, and the salary will be paid according to the part-time job, that is, 45 yuan per order, and all subsidies will be cancelled, and all fares and accommodation expenses incurred during the business trip shall be borne by themselves." The lawyer said that the above-mentioned article is an "overlord clause" and infringes on the legitimate rights and interests of workers.
How is a resignation petition written?The person concerned said that the leader asked him to write this. "I didn't write it voluntarily, I'm afraid I won't be able to get out if I don't write it. The party said. In addition, the person concerned signed a certificate stating that he had no objection to the method of calculating wages.
The person in charge of the company said that if there is coercion, the party needs to produce evidence. The current salary is paid according to the contract, which is already very appropriate. Subsequently, after mediation and the two parties reached an agreement, a settlement agreement was signed on the spot, and the company reissued more than 1,000 yuan to the parties.
On January 1, 2024, Jimu News reporters contacted the company involved several times to understand the situation, but did not receive a response as of press time. The lawyer who mediated the matter at the scene told reporters that the matter has been resolved.
The staff of the labor and social security inspection department in the jurisdiction said that it was not clear whether they were involved in the matter, and if the employee wrote a resignation application under duress, it would be invalid, but proof of coercion must be presented. The number of days worked is normally calculated from the first day of work. If there are unfair and unbalanced clauses in the employment contract, the company should inform them in advance, and if the employee signs them knowingly and voluntarily, it will take effect, and if they are not notified in advance, it will be regarded as an unfair contract. If the employee has a labor dispute with the company, he can file a complaint with the department, and if the matter has been settled, he cannot file a case for the time being.
*: Jimu News reporter Du Guangran).