"I agree. "Our company also agrees with the court's mediation opinion. With the joint confirmation of the plaintiff and the defendant, the Chengguan People's Court of the Fang County People's Court successfully mediated a labor dispute case, and the labor dispute was substantively resolved.
Basic facts of the case
The plaintiff Li joined a technology company in April 2022 and engaged in administrative management, and the contract stipulated: a probationary period of 3 months, a period of 3 years, the implementation of a standard working hour system, a salary of 5,000 yuan during the probation period, and a salary of 5,000 yuan + performance after regularization. During the existence of the labor relationship, plaintiff Li worked for a total of 34 days on Saturdays. After the probationary period, Mr. Li submitted an application to the company for regularization, and the company agreed to become a regular after the assessment of Mr. Li's regularization, but the company has not carried out the procedure for Mr. Li's regularization, resulting in his performance salary not being paid on time. From September to November 2022 and January 2023, the company will suspend work for some reason. In April 2023, the company informed Li that it would terminate the labor relationship with him due to the company's layoffs. The two parties had disputes over overtime wages, performance wages, wages during the suspension of work and production, and compensation for the termination of the labor contract, and Mr. Li was dissatisfied with the arbitration result and sued the court.
The trial took placeThe court held that the labor contract concluded in accordance with the law is binding on both parties, and both the employer and the employee should perform the obligations stipulated in the labor contract. The two parties have expressly agreed on a standard working hour system, and overtime wages shall be calculated for Saturday working hours; After the expiration of the probationary period, the plaintiff Li submitted an application to the company in a timely manner, and the company also clearly agreed to the regularization after the assessment, and the formalities for regularization were not handled in a timely manner due to the company's process problems, which is a company's problem, and the company should promptly repay the plaintiff's regularization salary and performance salary; If the labor contract has not expired, the company shall pay compensation in accordance with the relevant laws and regulations if the company requests to terminate the labor contract between the two parties. As for the wage during the period of suspension of work, the defendant should pay the wages of the employee in accordance with the minimum wage standard stipulated in the labor contract.
In order to promote the substantive resolution of disputes, on the one hand, the presiding judge takes the protection of the legitimate rights and interests of workers as the starting point and the end point, and carefully listens to the plaintiff's demands; On the other hand, it guides the defendant to empathize and truthfully informs the defendant of the adverse consequences that may result from the arrears of wages to the employees. In accordance with the law, taking into account the business conditions of the enterprise, the judge proposed a mediation plan to both parties: the defendant technology company paid the plaintiff Li's salary of 667712 yuan, overtime pay 653846 yuan, and pay economic compensation of 1126256 yuan, performance salary 5500 yuan, a total of 29978$14. Li and the company both agreed to the mediation opinion and reached a mediation agreement, and the company will fulfill the payment in one lump sum before February 9, 2024 (Chinese New Year's Eve).
What the judge saidAccording to the relevant provisions of the Labor Contract Law and the Regulations on the Payment of Wages, a labor contract concluded in accordance with the law is binding, and the employer and the employee shall fully perform their respective obligations in accordance with the provisions of the labor contract. For enterprises, it is reasonable to pay labor remuneration to employees in full and in a timely manner according to the contract; After the illegal termination of the labor relationship with the employee, the employee shall be paid economic compensation in a timely manner at double the average salary of the employee in the 12 months prior to the termination or termination of the labor contract; If the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the employee's wages according to the standard stipulated in the labor contract; For more than one wage payment cycle, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard.
On the one hand, labor remuneration is the most basic survival guarantee for workers, and maintaining a harmonious and stable labor relationship is the basic premise for workers to obtain labor remuneration. On the other hand, in the process of production and operation of the enterprise, there may be a temporary inability to pay labor remuneration, which is also one of the objective business risks. Enterprises operating in accordance with laws and regulations, while safeguarding their own operating income, should also pay attention to protecting the legitimate rights and interests of workers, which is not only a manifestation of corporate social responsibility, but also the way for enterprises to operate for a long time.
A good employment environment needs to be created by workers and enterprises.
*: Fang County People's Court.
Editor: Chang Yuewang.