Case 1: B&Q is stuck "bonuses" case

Want to buckle bonuses that there

One of the world's top 500 enterprises British Chui Feng Group B&Q, 2013 "in employee bonuses". In August 22nd, B&Q introduced unilateral bonus scheme. According to B&Q's "2013 bonus scheme", will improve the staff overall welfare salary, let every employees to share the company's growth, growth is more, more money, but not on cap.

This caused B&Q decoration Department staff questioned. Staff said, the overall welfare salary did not like scheme that improves, new bonus scheme is cut means, employee bonus income will be reduced more than four into. In addition to the original programme designers enjoy a monthly bonus 60% away, all the decoration Center staff monthly bonus variable distribution two times for each year, these two bonuses and sales year-on-year growth, shops, stores contribution year-on-year growth contribution as well as operating expenses to save four index. Among them, the store contribution rose is the bonus "threshold", if the stores contribute to decline over the same period last year, the bonus is zero, at the same time, the other three indicators if negative, bonuses will also be zero. That company employees move to cuts in disguise. At the end of 8, B&Q decoration Center staff found that in July August, when received wages, according to the workload generated Commission has been in accordance with the new plan, resulting in bonus.

In September 2nd, including Shenzhen, Chengdu, Shanghai, Guangzhou and other places of the B&Q store night were the outbreak of organized large-scale shutdown action. Require the company to July and August bonuses in 2012 bonus policy, should belong to the full and timely payment of bonuses to employees, and shall pay economic compensation, and not difficult to stay in the company employees.

Comments: Beijing Lantai firm Zhao Zian lawyers

The salary is the most important in the labor relationship of rights and obligations, generally by the employing units and workers to sign labor contract, or the employer regulations.

Make a vital interest of the employer payment system, making process to meet the requirements of the law, shall be approved by the employee representative congress or all the employees to discuss, put forward proposals and opinions, identified with the trade union or employee representatives through consultation on an equal footing. In the bylaws and significant matters decided in the process of implementation, the labor union or the employees think inappropriate, have the right to put forward to the employer, amended and improved through consultation. The employer shall rules and regulations will directly relates to the immediate interests of workers decided to publicity, or inform the workers. Namely, company bonuses should be more transparent.

Case No. 2:1 stores the discrimination of dispatched workers

Equal pay for equal work is still very difficult to

From January 4, 2013, 1 shop (Shanghai Yi is a Agel Ecommerce Ltd) distribution member Xu Hui since the labor dispatch, without fire and other issues, the 1 store to Shenzhen Luohu District City Labor Personnel Dispute Arbitration Commission, confirmed and 1 shop to the labor contract, the return of the deposit, payment of wages, overtime pay, economic compensation gold, the social security fund total 150000 yuan. This is "labor contract law" amendment, the first domestic labor dispatch invalid dispute, well-known business whether or not to circumvent the law become the focus of controversy.

As the 1 store labor dispatch employment discrimination case Party, Xu Hui said, since the entry since he never took holidays, national holidays are still required to work overtime, but no corresponding overtime. In addition, Xu Hui said other legitimate rights themselves have been illegal labor dispatch serious damage to the contract.

Xu Hui said, during the period from August 30, 2011 to December 14, 2012, he worked in the shop No. 1. In the 1 store request, he successively with two labor dispatch company signed labor contracts. But he said he had never seen, touched the labor dispatch company, and that the first interview, the signing of the contract, to contract, payment of wages are 1 store Shenzhen branch is responsible for.

In July 8, 2013, Shenzhen Luohu District labor dispute arbitration committee: Labor contract. Xu Hui refuses to accept, bring a lawsuit to the people's Court of Luohu District.

Comments: Beijing Lantai firm Zhao Zian lawyers

The labor dispatch is a kind of special labor relations, should be to improve the allocation efficiency of human resource means, in practice, actually become the employing units to reduce human resource management responsibilities and saving the cost of human resources means, and more. In this case, the labor dispatching forms essentially two identities, damage the legitimate rights and interests of the dispatched employees.

In July 1, 2013, the introduction of the new "labor contract law", were regulated by law revision of labor dispatching. The new labor contract law makes clear a regulation, the labor dispatch is a complement, can only be implemented in a temporary, supplementary or substitute posts. And for the labor dispatch employees labor remuneration to the same distribution. Equal pay for equal work is the basic guarantee of labor dispatch employees, but equal pay for equal work and pay the difference is not conflict, just can't pay system of units for labor dispatch this identity relationship and different, the employer will not labor dispatch as to reduce labor cost method.

Case 3: Guosen give the proof overdue penalty

The new law said no to dishonest

In January 1, 2013, the new revised "Civil Procedure Law" (hereinafter referred to as the "new law") implementation. In June 20, 2013, a court in the city of Beijing for the first time on the basis of the new civil procedure law, development of a limited liability company in violation of the principle of good faith in action with ordinary labor dispute cases in Beijing's science and Technology (hereinafter referred to as Guosen), a fine of 50000 yuan, the new law after the implementation of the Beijing not integrity unit sent the first case.

In 2012, Xu Guosen employees, AI x apply for labor arbitration, request unit to pay the wages in arrears, did not sign labor contract two times the wage gap and economic compensation. The arbitration agency adjudications support Xu, AI x request, Guosen refuses to the western city court, requesting the court with Xu, AI x no determination of labor relations.

In the trial, AI x, Xu submitted bank card payment of wages to the bills and other evidence, the court recognizes the existence of labor relations of two people with Guosen, and rejected the Guosen claim. The court of first instance on the basis of existing evidence judgment Guosen payment Xu, AI x wages, did not sign labor contract two times the wage differences, not Guosen, appeal to a court in the city.

Because the Guosen advocates in the first instance and Xu, AI does not exist in labor relations, and not support the court case for not paying no labor contract two times the wage gap, suddenly presented on both sides of the labor contract, and the delayed submission of evidence act without justification, and serious violations the principle of honesty and credit, hinders the normal procedure of litigation. Accordingly, a court in the city on the basis of the new civil procedure law, the country's company a fine of 50000 yuan.

Comments: the case of second instance judges Zhu Hua

In the cases of labor disputes, the parties in order to achieve some litigation purpose, deliberately contrary to the facts of the case, by submitting false evidence, proof, deliberately delay statement false facts and so on, the implementation of various false action.

For example, the employing units and workers clearly holds the labor contract, but the first instance in order to evade the obligation, not admit labor relationships with workers, as workers labor relations through other evidence and the employing unit, and a judgment unit lost, he had to come up with the text of the labor contract in the second instance. These violate the principle of good faith behavior action, not only against the other party's legitimate rights and interests, but also a waste of litigation resources.

Case 4: the giant gender discrimination lose

Equal employment rights protection ice

In 2012, just graduated from the University at the age of 22, Cao ju. In June 11th of that year, she saw the giant school administration assistant information at the job site, then throw the resume, but no words. In June 25, 2012, she landed on the website, found that "men only" conditions in giant school executive assistant to director. But the other staff on the phone again told clearly, this position only recruit men. Cao Ju believes that the employing unit gender discrimination, then to the Haidian court pleadings Sue giant school, but has not been accepted. The case has been the industry known as "the first case of sex discrimination in employment Chinese". In 2013 May, after twists and turns, the court finally on the case on file.

In December 19, 2013, the court mediation, both sides of the case in court conciliation. In court, Cao Ju said the giant school behavior infringes the right of equal employment right, let oneself lose jobs to make a living, a serious blow to their employment and living faith, by this setback has been depressed since the. So she asked the school to apologize, pay for mental injury solatium 50000 yuan. The giant school is said to give up the right to counsel, and respect the court. Finally, after the court mediation, giant school promised to pay 30000 yuan Cao Ju "care of women's equal employment special funds", in this case for settlement. It is reported, this is Beijing's first sex discrimination in employment.

Comments: Huatai Beijing lawyer Ceng Xiangcheng

Appearance and temperament, unmarried is preferred, male...... Women's rights in employment and work by discrimination still occurs.

In our existing laws and regulations, relates to the employment equity is "women's rights and interests protection law", "labor law", "labor contract law", "Employment Promotion Law" etc.. Although these laws and regulations are stipulated equality between men and women should be social affairs, but because the law enforcement and supervision is not enough, and the definition of employment discrimination, lack of relevant standards, laws and regulations are not perfect, in practice, the women's equal right to employment is difficult.

Therefore, employment discrimination in women, in addition to suggest its to use the law to defend rights and dignity of oneself, also hope that the relevant departments should in the legislative, law enforcement to fight "combined", to effectively protect women's equal right to employment.

Case 5: first pay the first hearing injury

The system is implemented

In July 26, 2013, Wang Dongliang v. Chongqing Zhongxian Medical Insurance Bureau inductrial injury treatment advance payment in the case of Zhongxian people's court, this is the "social insurance law" the implementation of two years, China's first industrial advance payment of litigation. Wang Dongliang was injured at work lost an arm, the ascertainment of a work-related injury, labor arbitration sentenced to compensate for about 800000 yuan, for compulsory execution, but found that has shifted the employing unit property. Wang Dongliang to the Zhongxian medical insurance bureau to apply for work-related injury advance payment, but because of the unit did not participate in the work injury insurance and rejected. Beijing Yilian labor law aid and Research Center Han Shichun lawyers to provide legal aid, the Zhongxian Health Bureau filing an administrative lawsuit. In October 16th, Zhongxian medical insurance bureau "court not to Wang Dongliang to pay for a timely reply" is illegal, Wang Dongliang rejected the request to pay litigation request.

"Social insurance law" forty-first article: "in their employers are not in accordance with the law to pay industrial injury insurance premium, the occurrence of accidents, the employer shall pay the work-related injury insurance benefits. The employing units do not pay, pay in advance from the work-related injury insurance fund." Accordingly, the court believes that the written reply be prosecuted.

According to the Health Bureau reply, Han Shichun's lawyer filed a lawsuit in November 6 Japan again, the court case, the court has not made a decision yet. This case is of great significance for inductrial injury treatment on uninsured employees can work in Chongqing.

Comments: Beijing Yilian labor law aid and Huang Leping of research center director

In reality, industrial injury employees if unit did not participate in the work injury insurance, employee application "advance payment", the results are often "unable to apply". The law has been in deep sleep state, the reason lies in the lack of implementation details, the recovery is difficult.

At the same time, the US, should be introduced as soon as possible the detailed rules for the implementation of the advance payment of work-related injury insurance. First, the advance payment requires coordination between departments agencies, financial, financial, judicial and coordination. Advance payment of funds can be paid by the work-related injury insurance fund, and the fund is insufficient, the specific program reserves added, on recovery failed funds should also have a clear financial and audit procedures. Second, clear inductrial injury insurance agency for the uninsured by the legal representative of the unit and other responsible persons enjoy the right mechanism. Third, clear into the civil law procedure of uninsured workers can still apply for advance payment of work-related injury.

Case 6: pregnant women in blue against the right

"Phase three" women are still vulnerable

In 2013 July, Zhang Lige will be in the ocean culture media (Beijing) Co., Ltd. (hereinafter referred to as the blue ocean) to Beijing Chaoyang District city labor personnel dispute arbitration commission. Zhang Lige served as the company's "Chinese medicine Yangshengtang" program director, the company found out she was pregnant, the first is forcing her to work overtime, and later in pregnancy for, will she laid off and stop hair salary. However, the contract is due to expire in March 2014, Zhang Lige find companies negotiate many times, but the company was adamant. Zhang Lige applied for arbitration, claims that the labor relationship and the payment of wages during the. In addition, because the company did not give a Lige pay social security, medical expenses loss during the period leading up to a Lige fertility, Zhang Lige to the Chaoyang District social security department.

The arbitration court, in the ocean the personnel director Yue Qiaoyun said don't know a Lige pregnant, later called Zhang Lige himself not to come to work. Later, Zhang Lige voluntarily accept the Mediation Program 7000 yuan, she said that is because the children need money to accept the mediation.

Since then, although the company lost money, but no apology, and give a Lige made a "notice" waiting list. Labor inspection team came to the company survey, the company does not match. Yue Qiaoyun has repeatedly threatened to take revenge on the case and the implementation of an interview with reporters. In the case of the "labor's afternoon newspaper", "daily worker", qianlong.com dozens of media coverage, caused great social repercussions.

In 2013 December, Zhang Lige end date, and the company continues to refuse to pay the maternity allowance. Since then, a senior human rights lawyers work Wang Lansheng aware of the media reports, agreed to provide legal support for a Lige. Recently, Zhang Lige said, will once again to the Chaoyang District Arbitration Commission for arbitration, claims the company back pay and reimbursement of maternity expenses.

Comments: Cape Beijing law firm chief partner Wu Yuechao

At present, there are many in the labor and company pregnancy agreed: "employees at home, companies stop hair salary". But this agreement must be agreed upon by both parties through consultation is effective, the company has no right to unilaterally to "stop" decision. Therefore, in this case, both sides will continue to fulfill the labor contract.

In addition, in this case, company did not timely pay the social insurance for workers, resulting in loss of worker medical expenses. According to the interpretation of the Supreme People's court "on hearing the law applicable to a number of labor dispute cases (three)", workers can then directly brought to arbitration, can also go to labor censorial or social security audit department report, complaints.

Case 7: the performance can be more than 80000 yuan

Looking for more rights to appeal

Our newspaper on December 16, 2013 with "requirements of the contract than the direct claim more than 80000 yuan" reported such a case: in 2013 the 40 year old Zhang Zheng, in October 25, 2012 to sign an employment agreement with Tyco pipe limited liability company. The agreement of the contract period of 3 years, the probation period of 6 months. At the same time, agreed as a regional sales manager in Beijing area, a monthly salary of 14000 yuan, the annual 13 months wages.

"During his tenure, I perform well. In December 28, 2012, the company suddenly by e-mail, to the probation period does not meet the conditions of employment on the grounds, to unilaterally terminate my labor contract, and reject any explanation." Zhang Zheng said: "because of the company without reason to default I November 20, 2012 to December 29th salary, belong to illegal behavior, so, I apply for arbitration to support my 6 request: the request includes the cancellation, termination of labor relations in the notice, to continue to fulfill the labor contract, payment of arrears of wages and economic compensation."

The company thinks, the probation period is the trial, who failed to immediately leave, not what can be wordy. However, in court, not cite a legally recognized that Zhang Zheng does not meet the conditions of employment of evidence, it can only be recognized as illegal termination of labor relations. If so, the staff does not work due to company's reason, pay during the non working by the company to pay. Thus, a long time, the company had sent him a long time wages.

Finally, the zero cost to let Zhang Zheng leave the company, have turned to beg him to agree to terminate the labor relationship negotiation, and discuss its deserved for nearly 1 years the wages of about 100000 yuan, plus other economic compensation of 218230 yuan to 80000 yuan.

Comments: Beijing City Yuecheng law firms lawyer Yang Baoquan

From the simple sense, subject of labor contract both sides is equal to. In fact, the employer is in a strong position. This strong not only in it can at any time, anywhere infringe the rights and interests of employees, to dare to challenge the court staff units, even in the law can not win the lawsuit, also can use time way, these employees "slow death", make its surrender, no longer entwine.

But in this case, Zhang Zheng in that the unit will lose the case, do not demand compensation and requested to continue to perform the contract, it is a trick to the company's "life", "don't let it drag". In fact, only in this way, the company can take "soft". The significance and value of lawsuit rights, also in here.

Case 8: the court hearing the case to resign

Reaffirms the right to judicial

The pilot Zhao Hong intends to resign from the air, was rejected after he began nearly 3 years of litigation rights, the present life predicament. In the experience of labor arbitration, the first trial, second instance and retrial, the case at the highest law, the case became the highest law accepted the first labor dispute case. After the Supreme Court the case back to the Chongqing high court for retrial.

The 42 year old Zhao Hong is a retired Air Force pilot, in 1994 to enter the China international Uni Airways Corporation Chongqing branch, serving as a pilot and flight examiner. Zhao Hong said, his work in China for more than 10 years, has always been law-abiding compliance to ensure flight safety accident free. The company has excessive overtime and so on, but does not pay the statutory holidays overtime wages, fuel saving awards and full social insurance.

In October 26, 2010, Zhao Hong in a notarized copy of the form to the company by the written notice of termination of the labor contract, and the requirements for the personnel file his and related files transfer procedures, but the company's rejection. After that, he asked a court to terminate the labor relationship between both parties, and require the company to pay the arrears of overtime pay, bonuses and economic compensation.

Then, the case after the first trial, second instance and retrial. Air China in the stage of the proceedings, which does not exist in the case or deduction, have to pay social security, and the final judgment court also recognized, Zhao Hong demands the termination of the contract can not be established in the grounds, not ruling the lifting of the labor contract.

In 2012 August, Zhao Hong submitted a complaint to the supreme law application. In 2013 January, the Supreme Court hearing the case. Soon, the case was the court remanded Chongqing local court for retrial, eventually, Captain Zhao Hong's resignation rights maintained.

Comments: Beijing City Labor and social security law, the executive director of the Institute of the Renmin University of China law school associate professor Zheng Aiqing

Resignation is a kind of form, the right of choosing a career which, the employer should not set too many restrictions, even if there are also should be controlled in a reasonable range.

Chongqing City People's Procuratorate think, the labor relationship has a strong personal attributes, for the protection of laborers personal freedom, "labor contract law" in giving workers in labor relations. At the same time, but also to distinguish between different circumstances set pre conditions different to terminate the labor contract. But the employee resignation rights, no restrictions on the aspect of law, labour contract does not need any reason.

Case 9: the teacher job hopping was the prohibition of business strife

Don't mess with the competition clause

Li Guangming 2010 July obtained a doctorate in psychology from South China Normal University in 2011, in April to become the Guangzhou University Institute of Education Department of psychology is a formal teacher (title of lecturer). In 2013 October, Li Guangming to transferred to South China Normal University from Guangzhou University, unexpectedly resigned, but received the school out of the 130000 yuan ticket. Including 50000 yuan "peer prohibition" default payment, 30000 yuan "under the age of 5 years, the period of employment", 50000 yuan default payment default payment "scientific research".

Li Guangming thought to act in accordance with the labor contract, they can only lose, but when he understand the true meaning of "Prohibition", feel the school is unreasonable, illegimate also.

Li Guangming thinks, had signed with Guangzhou University labor contract, the school in the "peer prohibition of business strife" in terms of error to use "enterprise" clause. "University Teachers' work is the most creative labor, copy the enterprises' Competition 'inappropriate. Besides, I'm in most of the results of the Guangzhou University, is finished in China to support laboratory division psychology, psychology of the team, is that Chinese teachers should I punish 'prohibition' default payment?" Li Guangming said.

"I'm at the Guangzhou University two years of wage income 169000 yuan in all, including research grants, removal of 130000 yuan after two years of university lecturer, working income of only 39000 yuan, the monthly average of 1625 yuan, almost the only Guangzhou City minimal assurance standards." At present, Li Guangming has to apply for arbitration of labor department, to recover the "Prohibition" breach "and not full 5 years period of employment" default payment.

Comments: Yong Xiang firm Liao Jianxun lawyers

Li Guangming's labor contract only listed in violation of "Prohibition" punitive measures, but did not specify "compensation measures of prohibition of business strife", this is obviously unfair contract, according to the relevant laws and regulations, such provision shall be deemed invalid clause, Li Guangming can claim their rights.

Also the lawyer thinks, although the "labor contract law" applicable "Prohibition" crowd "senior management personnel, senior technicians and other confidential personnel", but did not rule out other people does not apply, so as long as the two sides negotiated terms is legitimate, "this competition is not strictly the ban, while similar to the civil contract, as a kind of employers to employ scarce talent self safeguard measures".

Case 10: the labor dispute lawsuit trial

The protection of labor rights must promptly

In 2013 March, Armin went to work in Guangdong Province, Huizhou City, a media company through recruitment, and in this month signed a probationary period of the contract, the probation period of three months. But by early 2013 5, but the company labor relationship and Armin lifted, and refused to pay 2000 yuan of probation salary.

In order to safeguard their legitimate rights and interests, Armin is forced to take legal proceedings, the company to court. Beyond expectation is, is going to have to one thousand or two thousand yuan wages over a period of time she has learned, because the case involved the amount of employment in Huizhou urban workers average wage of 30%, she could walk "lawsuit" program.

Guangdong Province Huizhou city Huicheng District People's court in August 15, 2013 held a public hearing of the case, to find out the truth, the court according to the law, the court sentenced to employers to pay in violation of the agreement on probation compensation 1894.25 yuan to Armin. Different from the common civil litigation cases, due to the adoption of the "lawsuit" program, the case of first instance is final, greatly shorten the trial period, also let Armin can be the first time to reclaim her wages.

It is understood, since then, other provinces and cities of the court were the system applicable to "the amount is small, the facts are clear, the rights and obligations clear, less controversial" labor dispute cases, opened a simple labor dispute, judicial practice of the system.

Comments: Guangdong Province Huizhou city Huicheng District People's court

In early 2013 the new set up small claims litigation system, the Armin case is the system in an attempt to labor dispute cases.

Compared with the common civil litigation, "lawsuit" the first instance is final, generally the same day will be closed. But the court time is flexible, greatly reducing the litigants are required to pay the cost of time and energy.

"Small claims procedure applies to the" labor dispute case, mainly due to this kind of case general rights and obligations are clear, and the time and energy is limited, demand is very urgent for fast closed.