Judicial viewpoint of labor rewards

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1584. The高速资讯 worker advocates that the employer moves

If you exercise the right of restrictions, do not support

Key words

Return to the original restriction right to arrears labor remuneration

Supreme People's Court Case

The Yangtze River Delta Commodity Exchange Co., Ltd. sued Lu Haiyun's return to restore disputes (Wuxi Intermediate People's

Civil Judgment of the Court)

Referee Abstract: Reserve right is a guarantee method to realize the right to achieve claims between the subject of equality; except for the enterprise

In addition to the separation between the industry, the real estate left by the creditor shall belong to the same law as the creditor's rights

relation.The main body of the labor relationship is in the process of fulfilling the labor contract and being managed and managed

Inequices.Labor claims that the employer is arrears of labor remuneration, and advocates that the employment

The unit for the tools and items that the unit is used to exercise the rights of the real estate, so the property -like property is not a labor

The subject matter of the relationship between the contract is not the same legal relationship with the labor debt, so the People's Law

The hospital does not support the claim.

The Wuxi Intermediate People's Court believes that the right to keep the right is the guarantee method of achieving claims between the subjects of equality;

Except for the restrictions between enterprises, the real estate restricted by the creditor shall belong to the same legal relationship as the creditor's rights.

The main body of the labor relationship is in the process of performing the labor contract in the process of managing and being managed.

The workers advocate the tools and things that the employer provided by the employer for the employer's arrears of the labor remuneration.

Reserve rights such as products such as products, so such real estate is not the target of labor contractual relationships, and labor claims

It does not belong to the same legal relationship, so the claim is contrary to the law.Appellant's appeal of the Yangtze River Delta Company

The reason for the establishment should be adopted.The reason is as follows:

1. The claims generated based on labor relations cannot exercise the rights.Article 230 of Property Law ① Regulations

"The debtor does not fulfill its due debts, and the creditors can leave the real estate of the debtor who already legally possess.

Article 231 stipulates that "the real estate left by the creditors shall be

It belongs to the same legal relationship, but except for the restrictions between enterprises ". According to the law and the legal system

Structure, one of the exercise requirements for the rights of the separation should be the debt and debt relationship between equal subjects.The right of restrictions is

One of the guarantee real rights rights, stipulate

Among them, its adjustment objects should be a civil guarantee relationship between equal subjects, and exclude debts generated by management behaviors

The use of rights and debt on the guarantee method.In nature, the right to place is a way to achieve creditor's rights between equal subjects.

Its equality is that the creditor can confront the debtor of the debtor's real estate and urge them to perform their debt

Affairs can protect claims by priority repayment by prices of releasing objects.And the labor relationship is used for

The person unit, the other party is a worker, compared with the general civil relationship, the two parties have performed the labor contract

Cheng Zhong is in the inequality of management and being managed, and the workers cannot do it based on labor management relationships

The property of the employer is appropriate, otherwise it will lead to the disorder of the order of labor management.our country's

Labor Law and Labor Contract Law have settled the lean protection clauses and labor

Those who can protect their labor claims through legal legitimate channels, such as using private relief recipes

The protection of labor claims will not only affect labor production and management order, but also cause claims and debt protection

Unexpected.In addition, due to the priority of the sponsor right, it is not only better than the general creditors, but also excellent

First of all, other creditors who enjoy mortgage and pledges, and labor disputes occur in employers and labor

Between the movement, the internal disputes of the economic organization are essentially the business of the employer and the workers.

From the perspective of danger, it should not be given priority to external creditors by exercising the control of the restrictions.

2. Su BXXXXX car detained by the appellee Lu Haiyun, not a labor contract for both parties

The subject of the relationship does not meet the constituent elements of the "same legal relationship".Except for the separation between enterprises, stay

Real estate should be the same legal relationship with debt.This is actually strict in the scope of the restricted real estate

limited.The so -called same legal relationship refers to the same as that the claim owner's possession of the property is based on the same

A legal relationship occurs, and the occurrence of real estate and debt is closely linked.Basic legal level of labor contract

It is the obligation to provide workers with the obligation to provide labor and accept the management of employers, and has the right to

The user unit pays labor remuneration in accordance with contracts.In this case, Lu Haiyun was arranged by the appellant's Yangtze River Delta company

In management positions, in charge of administrative affairs, finances, and personnel work, so the Su detained by Lu Haiyun

The BXXXXX sedan is just the convenience provided by the Yangtze River Delta company for the company's executives.

The target of the labor relationship established by the two parties, the Yangtze River Delta company can retract the vehicle at any time without affecting the original

With the performance of labor relations, the Yangtze River Delta Company is based on ownership rather than the requirements of labor relations.

Yun returned to the vehicle, so Lu Haiyun possessed Su BXXXXX car and the salary and social security deposit it claimed.

Waiting for labor claims is not based on the same legal relationship.

3. The labor relationship between the two parties has been lifted, and the appellee Lu Haiyun has lost legal possession of the Su

Basic BXXXXX sedan.As the convenience of the appellant's Yangtze River Delta company executives, Lu Hai

The Yunhe method occupies Su BXXXXX cars with time limit and conditional restrictions.

After the system was lifted, Lu Haiyun legally occupied the conditions of Su BXXXXX car no longer exist, and it should be long.

The triangle company returns the Su BXXXXX car.

① Corresponding to Article 447 of the Civil Code.

"Supreme People's Court Commission" No. 1, 2017.

1585. Is the subsidy and subsidy paid by the employer to the workers?

Total salary

Key words

The total salary of employees and subsidies for employers and subsidies

Appendix: Civil Judgment Postbox

Question: When trialing labor dispute cases, the problem that often needs to face is to determine the workers’s workers

Total amount.When calculating the total salary of workers, due to the current salary items issued by each employer

Miscellaneous, whether some subsidies and subsidies should be included in the total salary of some subsidies and subsidies.

Is these subsidies and subsidies be included in the total salary of workers?

Answer: From theoretically, the wages of the workers should be based on the provision of labor to the employer.

Corresponding compensation.For the specific composition of the wages of the workers, due to the more complicated situation in practice,

Labor law, labor contract law and judicial interpretation have not made clear and specific regulations.But in 1990

In the "Regulations on the Components of the Total Salary" approved by the State Council on January 1, the National Bureau of Statistics,

The composition of the total salary of the workers clearly stipulates that the wages of the workers are mainly in the six parts

Cheng: Time salary, piece counting salary, bonus, allowance and subsidy, overtime salary, special circumstances

Payed salary.This regulation also has the specific connotation and extension of the above six wages components

It should be stipulated.According to this regulation, the allowance and subsidy in the total salary of the workers refers to

The special or additional labor consumption of employees and the allowances paid to employees for other special reasons, as well as

The price subsidy for ensuring the salary level of employees is not affected by prices.Generally including compensation position

Special or extra labor consumption allowances, such as health allowance, technical allowance, annual contribution, and

Other allowances, as well as all kinds of various allowances to ensure that the salary level of employees is not affected by rising prices or changes

subsidy.The National Bureau of Statistics on the same day, the "Regulations on the total wage composition of the total wages of several specific scope

In Article 4 of the Explanation, the items and scope that are not included in the total salary also provide corresponding regulations.

According to this explanation, various income benefits in labor insurance, employee welfare and labor protection,

Nothing should not be included in the total salary, such as difficulty subsidies, collective welfare expenses, commuting subsidies,

Heating subsidies, washing fees, etc.The above provisions can be applied when we trial labor dispute cases,

As a result, the specific wage composition and total salary of the workers are more reasonably determined.Combined with labor salary

It can be seen that the nature and the spirit of the above provisions can be seen that in the trial of labor dispute cases, the total salary of workers needs to be determined

At the time, the subsidies and subsidies that the employers are issued to the workers cannot be issued.

Should not be included in the total salary of workers, but should specifically analyze these subsidies and subsidies

nature.It should be noted that because the housing reform policies in various places are different, the employer is issued to the employer

Whether the housing subsidies of the workers should be included in the total salary, and the actual situation of various places should also be specific.

To distinguish, for the housing subsidies that are dedicated to the special funds and the workers cannot be freely dominated, they should not be made

Treatment for wages, and for those who are issued to workers in cash, and workers can be free to support

For housing subsidies, you can consider the total salary.

1586. Workers have the right to refuse the employer to pay wages with virtual currencies

Key words

Virtual currency payment salary employer

Typical cases announced by the Supreme People's Court

Shen Moumou complained about Hu and Deng's labor dispute

The purpose of the referee: The employer shall be in accordance with the labor contract and the state regulations to

The movement will pay for labor compensation in a timely manner.According to relevant regulations, the salary shall be based on the legal currency

Payment, paying for labor remuneration with virtual currencies obviously violated the law.

1. Basic case circumstances

On May 20, 2019, Shen Mou, who joined a company and signed a labor contract, agreed to pay a monthly salary of 5

10,000 yuan.Shen Moumou's monthly salary is actually supported by a certain amount of RMB 2,574 yuan plus a certain amount of virtual currency

pay.On October 17, 2020, Shen Moumou resigned for personal reasons.November 27, 2020, a certain

The company was canceled, and the company's shareholders of Hu and Deng.Later, Shen Moumou sued the people's court to ask Hu Mou and Deng

A salary is more than RMB 530,000.

Second, the referee results

The court believes that the employer shall follow the labor contract and national regulations to

Pay labor remuneration in time and timely.Article 16 of the "People's Republic of China" of the People's Republic of China, stipulates that

The legal currency of the People's Republic of China is RMB.Article 5 of the "Interim Provisions on Wage Payment"

"Wages shall be paid by legal currencies. Do not replace currency payment with physical and securities." Virtual

Currency as wage pays to workers violates the law and should be identified as invalid.Hu said it should be virtual

The claim of currency payment salary is not based on the law.

It should be supported.The companies promised when Hu Mou and Deng handled the company did not settle the salary matters without settlement

It is not consistent with the facts and shall be responsible for the company's debt.Therefore, the judgment Hu Mou and Deng paid Shen Moumou

Total RMB 278199.74.

Third, typical meaning

According to relevant regulations, the salary shall be paid by the legal currency and the labor remuneration is paid by virtual currencies.

Obviously violated the law.The banner of this case clearly denies the legitimacy of paying wages with virtual currencies.

It is conducive to regulating enterprise employment, safeguarding the legitimate rights and interests of workers, and enhancing both parties and employers

Risk prevention awareness and legal awareness, for building a harmonious labor relationship, demonstrating the value of integrity, and optimizing the camp

The business environment, maintaining economic and financial order and social stability have positive significance, and promoted the rule of law and integrity

Socialist core values.

-"The third batch of people's courts of the Supreme People's Court vigorously promoted the typical model of socialist core values

Civil Cases (March 1, 2023).

1587. How to understand the local minimum wage standard

Key words

Labor remuneration of the minimum wage standard arbitration agency

Judicial Interpretation of the Supreme People's Court

Article 19 The arbitral ruling is not stated that the ruling is a final decision or a non -final decision, and labor

In accordance with Article 47, paragraph 1, paragraph 1 of the Arbitration Law, pursue labor remuneration, medical expenses of work injury, and scriptures

For compensation or compensation, if the arbitration is involved in several items, the amount per determined does not exceed the local area.

If the monthly minimum wage standard is twelve months, it shall be handled in accordance with the final ruling.

-"Interpretation of the Supreme People's Court on the application of legal issues in the application of labor disputes (1)"

(December 29, 2020, Fa Shi [2020] No. 26).

Appendix: The mainstream view of the Supreme People's Court

The minimum wage standard is stipulated by the state in accordance with the law.

Under the premise of providing normal labor during the working time of the labor contract, the employer is at the lowest limit

In the degree, the labor remuneration that should be paid enough to maintain the needs of employees and their average support population.

That is the legal minimum limit for wages.According to the "Minimum Wage Regulations", the minimum wage standard is determined and adjusted.

The minimum living expenses of the local industry and its maintenance population should be referred to, the consumer price index of urban residents,

Social insurance premiums and housing provident funds, the average salary of employees, the level of economic development, the level of economic development,

Employment status and other factors.Due to the differences in the level of economic development in various places, provinces, autonomous regions, and municipalities are the most

Low wage standards are different.And with the development of the economic level, the minimum wage standard is not 10 %

The constant is to adjust the timely according to the changes of the aforementioned related factors. According to the "Lowest Wage Regulations",

The minimum wage standard is adjusted at least two years.It can be seen that the minimum wage standard is different from the regional and time points

There are great differences.Because the minimum wage standard is not fixed, the Supreme People's Court About Audit

Interpretation of legal issues in the application of labor disputes (1) "Article 19" Article 19 stipulates

The 12 months of asset standards as the standard for judging the final decision, naturally no

In the same understanding, different views are naturally based on the determination standards of geographical and time points.We believe that,

Regarding the understanding of the "local" region, given the final ruling judgment criteria is based on arbitration ruling

Standards shall be based on the location of the arbitration institution as the regional conditions to calculate the minimum wage standard. On the one hand

With the provisions of this interpretation, the arbitration ruling is used as the judgment standard to maintain geographical consistency, and on the other hand

The arbitration agencies apply the standards to prevent the final decision in accordance with the final decision in accordance with different standards.close

At the time node determination at the minimum wage standard, there are also certain differences.

When the payment time is the node, it is still used as the node when the labor contract is terminated or terminated, or arbitration

When the decision is made as a node? We believe that the minimum wage standard when the arbitration is made as the judgment

According to more reasonable, the main reason is: First, it is based on the criteria of judgment and the "arbitral decision"

The set amount is more consistent with the judgment standard.Second, the time of the termination or termination of the labor contract and the related

The time requested to be paid is "uncertain".

Employers often have great differences in issues such as lifting, termination, and salary payment. The final time is

Through the arbitration; on the other hand, it is manifested in the time of paying wages, paying compensation or compensation

There are often inconsistent existence, such as the payment time of salary provides the corresponding month of labor, and economic compensation or compensation

The payment time for the payment is the legal reasons such as cancellation or termination.And when the arbitration ruling is made, this time

As a criterion for identification, it is clearer and unified.Third, the minimum wage standard has always been pushed over time

In the state of continuous growth, the amount obtained by the minimum wage standard at the time of the ruling is higher than that of other than others

At the time, it is more conducive to the realization of the implementation purpose of the final system, and it is also more conducive to the protection of the workers

Rights and interests.

1588. The amount of salary is unknown, determined according to the market standards of the same period

Key words

The amount of wages is unknown market standards

Typical cases announced by the Supreme People's Court

Wang Moumou voiced the defendant Zhong Moumou, Wang Mougui's crew member labor service contract dispute case

The purpose of the referee: the standards of the party's salary are not written in writing and occurred

For disputes, the crew advocates that the salary standards are determined not less than the same period of the same period, and they should be supported.

1. Basic case circumstances

On August 24, 2018, Wang Moumou introduced the "Liaoning University Travel Fishing 1039

"The" fishing boat served as an ordinary crew, and the two sides verbally agreed to working hours from August 24, 2018 to 12

On the 31st, the salary was 50,000 yuan.On January 1, 2019, the fishing vessels rely on Hong Kong, and Wang Moumou continued on the boat

Work until January 6.During the work, Wang Moumou took a leave for 11 days and the actual work was 125 days.Zhong Moumou

Pay 28,000 yuan through WeChat transfer, bank transfer and cash.In addition, Wang Mougui Zhongmou

A father -in -law, responsible for the daily management of crew and ships.

During the trial of the Dalian Maritime Court, the two parties controversially had a salary standard.

The salary standard during the period is 40,000 yuan. Wang Moumou advocated the salary standard of 50,000 yuan during the work period, and

He claims that he has worked for one year in the fishing boat operated by Zhong Moumou and considers the familiar work. Therefore, the two sides

The salary standard of orally has lower than the average market standards in the same period, and the salary standards described by Wang Mougui are clear.

It is lower than the average market standard.

Second, the referee results

Although Wang Moumou and Zhong Moumou did not sign a written service contract, Wang Moumou had been working on the ship. Zhong

During Wang Moumou's work, he paid some salary to him, so there was a labor service in the existence of crew between the two parties.

Same relationship.According to Article 107 of the Contract Law of the People's Republic of China ①, the parties do not

If the obligation to fulfill the contract or the performance of the contract does not meet the agreement, it shall bear the default responsibility for continuing to perform

appoint.In this case, Wang Moumou has completed the work of the crew, and Zhong Moumou should fully fulfill the salary payment in a timely manner

Obligations, if they refuse to fulfill the payment obligation, they shall bear the corresponding liability for breach of contract.Therefore, the payment proposed by Wang Moumou

The arrears of wages, the Dalian Maritime Court supports it, and judge Zhong Moumou from the date of effectiveness of this judgment

During the ten days, Wang Moumou's salary was 20076 yuan.Both parties have not appealed.

Third, typical meaning

At present, the phenomenon of smaller shipping companies or individual shipowners is different in the employment of crew employees.

The degree exists, and the two parties only have verbally agreed wages, or the agreement is not clear to the situation that it is not agreed.

Appear.Whether it is transportation operation or fishing boat operations, in a certain period of time, different types of work and different levels

There is usually a market market for other crew salary, and some information platforms regularly release related salary bids

allow.Under the premise that the crew provides the ship owner for the ship owner within a certain period of time,

According to the types and levels of the crew, according to the market salary standards of the same period, the crew should be obtained

Salary.If the standards of the party's salary are not written in writing and controversial, the crew

It should be supported that the salary standards are determined not less than the average market standards in the same period.

-"Typical Cases of the Supreme People's Court on the Protection of the Rights and Interests of Witches" (June 24, 2020).

① Corresponding to Article 577 of the Civil Code.

1589. Workers claim that the second -twort salary during the period of "deemed to be a labor contract" is not

Recognize

Key words

Unopened contracts without a fixed period of labor contract second -twice salary

Supreme People's Court Judicial Policy Spirit

20. The employer has not entered into a written labor contract with the workers for one year from the day of self -employment.

On the day of self -employment, a labor contract has been established with the workers on the day of full work.

In the case of the prevalence, the worker requires the employment to ask for a order on the grounds that the employer has not established a written labor contract.

For the second salary of one year after the payment of self -employment, the labor and personnel dispute arbitration committee,

The people's court does not support it.

A Ministry of Human Resources and Social Security, the Supreme People's Court "About Labor and Personnel Dispute Arbitration and Complaint

Opinions related to the issues related to litigation (1) "(February 21, 2022, Ministry of Human Resources and Social Security (2022] No. 9).

1590. Workers complete the bonus conditions prescribed by the employer, and the employer shall follow

Purchase bonus

Key words

Pursuing the obligations of labor remuneration approval obligations

Supreme People's Court instruction case

Peng Yuxiang sued Nanjing Urban Construction and Development (Group) Co., Ltd. Co., Ltd. to pursue labor remuneration disputes

Case (Guidance Case No. 182 of the Supreme People's Court)

Relief points: Employers stipulate that workers can get prizes after completing certain performance

Gold, the proposition of laborers who refuse to perform the approval obligations and meet the conditions of the reward

For the achievements of the awards, if the employer shall issue bonuses in accordance with the regulations, the people's court shall

support.

The court's effective referee believes that the focus of the controversy in this case is whether the city's company should be based on the "Reward Measures"

Peng Yuxiang's investment and development department distributed six projects such as Wuxi Hongmei Xintian Earth.

First of all, from the perspective of the (reward method), the investment and development department is based on the introduction of the project as the

The main responsibilities, and the leading role in the introduction of various projects in the city opened, so it is a qualified person in this article

Prize main body: Judging from the reward conditions set up in the "Reward Measures), the investment and development department has successfully opened the public for the city.

The Division introduced Wuxi Hongmei Xintiandi with the strategic development goals of the city, the Yangzhou GZ051 plot, such as

The sixth project of Ying York Town, Xuzhou Jiaozhuang, Gaoyou Hongji Wanwan City, and Xuzhou Pengcheng Machinery, in line with this article

Purchase of prize conditions.Therefore, as far as the sixth project is concerned, the investment and development department where Peng Yuxiang is located has been

Meet the conditions for reward application stipulated by the employer.The city's company does not agree to issue the corresponding reward, it should

Explain the reason and proof of this proof.But in this case, the city -opened company cannot prove that Wuxi Hongmei Xintiandi Project,

There is a loss in the Rugao York Town Project, and it cannot prove that Peng Yuxiang does have a loss in the second project.

In order to, its proposition that Peng Yuxiang should not repeat the award cannot be established due to the lack of the corresponding basis.Therefore

City Kai's company advocates that Peng Yuxiang's investment and development department is not in line with the "Reward Measures" to win the prize

The reason for the court is not adopted.

Secondly, the case of the sixth project in the case of the sixth project has not been approved or the approval procedure has not yet been completed, and it cannot become a city.

The reasons for opening the company to refuse to pay the Peng Yuxiang project bonus.As the establishment of a bonus, the city Kai company has the right to

Set the corresponding assessment standards, assessment or approval procedures.Among them, whether the employees of the assessment standard can win the prize

In substantive evaluation factors, the assessment process belongs

process.Under the premise of no special regulations, because the process itself does not involve the criteria for rewards, it is

Whether the approval process cannot be the substantial evaluation element of whether employees can get bonuses.City open company nor

The approval process of the sixth project should not be started or unfinished, trying to block the fact that Peng Yuxiang obtained the bonus

Realization of physical rights.In addition, the entity approval of the reward application of the workers is not only an employer

The right of rights is also the obligation of employers.In this case, the reward set up in the "Reward Measures"

In order to encourage employees to conduct creative labor, the excess labor remuneration promised to employees, and its nature belongs to

The "Provisions on the Composition of the State Statistics Bureau on the Composition of the Total Salary" stipulated in Article 7 of the "Other Promotion" in Article 7

The "Reward Measures" should not only be regarded as unilateral incentives exercised by employees based on employees' autonomy

In order to do it, it should also be regarded as a city -opening company and unspecified employees including Peng Yuxiang's acquisition of the reward

The agreement.Now Peng Yuxiang's efforts to achieve the acquisition conditions set up in the "Reward Measures".

The city -opening company submitted the application request to fulfill the excess labor remuneration. Whether it is based on the principle of honesty and trust,

It is based on the principle of rewarding by labor, and the city -opening company has the obligation to start the audit procedure for the review of the reward application

Check to determine whether Peng Yuxiang's right to bonuses can be realized.If the city opened the company's refusal to review it, it should be explained

Reasonable reason.In this case, Chengkai Company has a loss of discomfort about Peng Yuxiang and the project involved in the case.

The claim cannot be established due to the lack of facts, and the company cannot make reasonable behaviors that are not reviewed.

Explanation, the act of refusing to fulfill the obligations of approval has damaged Peng Yuxiang’s legitimate rights and interests, and should bear the phase

Defended consequences.

In summary, the court's identification case involved the conditions for the sixth project rewards.

Measures to reward Peng Yuxiang's Investment Development Department.

-"Notice of the Supreme People's Court on the release of the 32nd batch of guidance cases" (July 4, 2022

Day, Fa [2022] No. 167).

illustrate

Guidance Case No. 182 "Peng Yuxiang sued Nanjing Urban Construction and Development (Group) Co., Ltd.

The recovery of labor remuneration disputes "clarified that employers stipulated that workers can get

The bonus is obliged to review the bonuses who apply for a bonus for qualified workers.Employer

Without reasons to refuse to fulfill the approval obligations, the workers advocate the achievements of the winning conditions to the people's court.

If the unit shall issue bonuses in accordance with regulations, the people's court shall support it.This case is for regulating employment orders

Use the autonomy of work to guide the employer to uphold the principle of integrity during the performance of the labor contract, establish and

Harmony, stable, and benign interaction labor relations have a positive effect.

1591. The termination of the labor contract is caused by the unilateral fault or resignation of the labor contract.

Movers can advocate that employers pay the year -end award

Key words

Labor Contract Levites Annual Award

Supreme People's Court instruction case

Fang Yan complained that the Labor Life Contract Dispute Case of China Metropolitan Metropolitan Metropolitan Society (Supreme People's Law

Hospital Guidance Case No. 183)

Referee points: Workers who have left before the year -end prize are advocated to pay for the year -end of the year

If the award is award, the people's court shall combine the reasons, resignation time, and work performance of the workers

And comprehensive consideration of factors such as the degree of contribution of the unit.The rules and regulations of the employer

It is stipulated that workers who leave before the year -end award will not be able to enjoy the year -end award, but the solution of the labor contract

Unless the workers have failed or resigned, and the workers have completed their year

For work tasks, the employer cannot prove that the working performance and performance of the workers are not in line with the end of the year

The award distribution standards, workers who resign before the year -end award issuance advocate the employer to pay the year -end award

The people's court should support it.

The court's effective referee believes that the focus of the controversy in this case is that the employer has changed significantly by objective conditions

It is based on the termination of the labor contract, which causes the workers to not meet the conditions of the year -end award issuance prescribed by the employee manual

At the time, whether the worker can get the corresponding year -end award.In this regard, the court of first instance believes that the metropolis company

The "Employee Manual" clearly stipulates the bonus issuance situation.

The bonus has been left before and does not meet the bonus issuance.

The request is not supported.After trial, the court of second instance believed that the current laws and regulations did not force the regulations

How to issue the final prize, the employer has the right to follow the operating status of the unit, the performance of the employee, etc.

Autonomously determine whether the bonus is issued, the issuance conditions, and the distribution standard, but the distribution regulations formulated by the employer

It should still follow the principle of fairness and reasonableness, and whether the workers who have resigned before the year -end prize will be obtained

The year -end award should be combined with the reasons, time, work performance and the journey of contribution to the unit

Comprehensive considerations such as degree and other factors.In this case, Metropolitan Company adjusted its organizational structure.

Fang failed to reach an agreement on the change of labor contracts, resulting in the termination of the labor contract.Fang Yan in the metropolis

The work of the company until December 29, 2017, and the two days after the two days, it shows that Fang Yan has been in 2017

Working in the Metropolitan company for one year;

In the case of performance and other aspects that do not meet the requirements, you can determine that Fang Yan paid for the Metropolitan Metropolitan company that year

After a whole year of labor and fulfilling their duties normally, it made due contributions to Metropolitan companies.based on

The above reasons, the Metropolitan company has left the company about Fang Yan before the year -end award distribution and cannot enjoy the pen.

The proposition of bonuses lacks rationality.Therefore

Support.

-"Notice of the Supreme People's Court on the release of the 32nd batch of guidance cases" (July 4, 2022

Day, Fa [2022] No. 167).

illustrate

Guidance Case No. 183 "Fang Ji Declines Sino -US Metropolitan Metropolitan Life Insurance Co., Ltd. labor contract correction

"Case", which clarifies that although the regulations of the employer stipulate that the workers who leave before the year -end award will not be issued, they cannot

Enjoy the year -end award, but the termination of the labor contract is not due to unilateral negligence or active resignation of workers, and

When the workers meet the standards of the year -end awards, the workers advocate that the employer pays the year -end award, and the People's Law

The hospital should support it.This case has guidance for the people's court's trial of the year -end award -related labor disputes

Significance to prevent employers from violating the legitimate rights and interests of workers by the name of the rules and regulations.

1592. Employees eat for rotation, work tasks have not decreased, and salary counting should not be deducted from eating

Meal time

Key words

Labor dispute salary time

Supreme People's Court Judgment Book

Chongqing China Resources Wanjia Life Supermarket Co., Ltd. and Renjiahui labor dispute [Supreme People's Court

(2017) The Supreme French People's Judgment No. 25 again]

The purpose of the referee: About the daily work time, China Resources Supermarket advocates that the working hours are included

There are 1.5-2 hours to eat, and the weekly working hours do not exceed 40 hours.But on the schedule

It has not been marked for eating time, and there is no time for meals to increase the arrangement of the staff. The electronic test

There is no dinner time to swipe the card records, showing that employees rotate to eat, and during the meal

The task of work is borne by others, and each person's work task has not decreased due to eating, so Hua

Run supermarket claims to deduct 1.5-2 hours to eat time.

The Supreme People's Court considers: about work hours.According to the statement of the parties in court,

It can be confirmed that Renjia will work for 6 days a week.Regarding daily work time, although China Resources Supermarket recognizes

For the work plan, the work plan cannot be determined accordingly, but it does not deny that each class

Working hours: early shift time from 5: 30 ~ 14: 00, early shift time is 6: 00 ~ 14: 30, middle class

Time 10: 00 ~ 18: 30, night shifts 14: 00 ~ Clear the field, there are slight differences in different periods, in

In the first instance, China Resources Supermarket recognized the clearance time of 22:00.China Resources Supermarket advocates the working hours of the working hours

There are 1.5 to 2 hours to eat, and the weekly working hours do not exceed 40 hours.But the schedule is not marked on the schedule

The time of eating, there is no time for eating time to increase the arrangement of the staff, and the electronic attendance card does not have time to eat.

Swipe card records, showing that employees rotate to eat, and the task of work during meals is borne by others, every

People work tasks have not decreased due to eating, so China Resources Supermarket advocates deducting 1.5 ~ 2 hours to eat time

The claim cannot be supported.According to this, it can be determined that Renjia will work 6 days a week, and 8 work every day

Hour.

Regarding the number of overtime days for rest days.According to Article 3 of the State Council's State Council's Regulations on Working Hours "

It stipulates that "employees work 8 hours a day and 40 hours a week." And the family will work every week for working hours is

6 days, 8 hours a day, the number of days that exceeds the legal working hours per week, it should be considered as a rest day

class.In the time period of March 1, 2011 to June 30, 2012, a total of

70 weeks.Except for the salary form in September 2011, February 2012, and March 2012, it show

China Resources Supermarket has not submitted other evidences to prove that Ren Family will have other leave, and the illness leave is not a couple

The complement of the class has been deducted from the salary, and the number of leave days has been reduced, so it does not affect the determination of overtime.

Based on this, it is determined that the overtime time of Renjia will be 70 days.

Regarding the off -day overtime pay.According to Article 44 of the Labor Law, "Rest Dayan

If the workers work, they cannot arrange for the rest.

remuneration."The calculation method of the daily salary standard is that the basic salary of the month is divided by the statutory working days, and the root

According to the "Ministry of Labor and Social Security on the average monthly working hours of employees and the issue of wages and wages

Know), the average monthly working day of employees is 20.92 days, so the appointment of the family should have to have a rest date for overtime

1577.08 ÷ 20.92x70x200%= 10554.07 yuan.

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