[Abstract] the referee
The employing units in the recruitment of candidates qualifications have clear requirements, and the applicant provides false certificates and sign a labor contract with the employer, which belongs to the "labor contract law" twenty-sixth stipulation to fraudulent means to conclude a labor contract shall be invalid, the employer may according to the "labor contract law" article thirty-ninth of the lifting of the labor contract.
Plaintiff: Shanghai Guanlong Valve Machinery Co., Ltd., located in Shanghai City, Jiading District: De road, Nanxiang town.
Legal representative: Li Zhenghong, chairman of the company.
Defendant: Tang Maolin, male,31Years old, registered permanent residence: Anhui County of Susong province Anqing City Ling xiang.
The plaintiff Shanghai Guanlong Valve Machinery Co., Ltd. (hereinafter referred to as the Guanlong) due to the labor contract dispute and accused Tang Maolin, bring a lawsuit to the people's Court of Jiading District, Shanghai.
The Guanlong company complained that: the defendant Tang Maolin2002Years3By providing false certificates and the use of false statement fraud, the plaintiff company in violation of the true meaning of signed labor contracts. Since then, the plaintiff in the each request to update personnel information staff, the defendants were deceived to fill in false information. The company received the related report after verified the above facts, and found that the existence of false contract price to earn post irregularities in the work, the company suffered economic losses and affect the company's reputation. In view of this, the plaintiff and the defendant to lift the labor contract.2010Years7Months and8Month, the defendant, the plaintiff has to Shanghai Jiading District labor dispute arbitration committee (hereinafter referred to as the Jiading District Labor Arbitration Commission Arbitration), the same year9Month17Jiading District labor arbitration commission to make Jialao Zhong (2010Office word article)1860,2188Award, the ruling part does not comply with the law and fact. The defendants fraudulently and plaintiff signed labor contracts lead to contract, and there are serious violations of the rules and regulations of the company act, therefore the plaintiff's behavior belongs to the legal relief, should not pay the defendant illegal remove labor contract damages. On the other, the defendant did not do full2010In the second quarter, the plaintiff shall not pay its second quarter bonus, so the request shall order the plaintiff:1Not to pay the defendant illegal remove labor contract damages181866Element;2Not to pay the defendant2010The second quarter of the Year Award32213Element;3The defendant shall return the plaintiff2009Years12January2010Years5Month to the company a total of payments and loan28 500Yuan (including a service fee10000Yuan, the loan15 000Yuan, a tea a2000Yuan, the name of a workstation rent deposit1500Yuan);4The defendant shall return the plaintiff rental payments8190Element;5The defendant shall be returned three months of automobile insurance697.75Element. At the same time, approve of the other content of arbitration award.
The Guanlong company to submit the following evidence:
　　1Jialao Zhong (2010Office word article)1860,2188No. the award, to prove the case has been pre arbitration procedure;
　　2Labor contract and the supplementary agreement, to prove the existence of the labor relations between the original, the defendant;
　　3At a single four copies, to prove that the defendant Tang Maolin in2009Years12January2010Years5During the month to the plaintiff advance, advance four money, a total of28 500Element;
　　4. to pay a voucher, aims to prove that the plaintiff Guanlong company has2010Years5Month22To11Month21Daily rent81 900Yuan paid to the defendant Tang Maolin, but the defendant after the event did not provide rental contract;
　　5A copy of the purchase contract. By two, Su pump pump Co., proof of payment, cash cheque stub and the plaintiff Guanlong company lawyers and the manager of Tian Dong's record, to prove that the defendant Tang Maolin had signed contracts with customers, earn post;
　　6The defendant to the plaintiff. Tang Maolin Guanlong company submit copy of degree certificate and proof of the Academic Affairs Office of Xi'an Technological University, aims to prove that the defendant Tang Maolin in fabrication of academic credentials behavior;
　　7. confirmation of work, in order to prove that the defendant Tang Maolin promised "to provide the company's personal materials such as fraud, willing to unconditionally be cancelling the contract", the plaintiff Guanlong company to terminate the labor contract;
　　8. 2007Version of the "Employee Handbook" and the defendant signed "cognitive confirmation", aims to prove that the plaintiff Guanlong company according to company rules and regulations and the defendant Tang Maolin to terminate the labor contract;
　　9The Guanlong Company East Ma Yuxin of manager of Department of business of writing and Ma Yuxin's job transfer documents, aims to prove that although Ma Yuxin in2008Years8Month know the defendant Tang Maolin a fabrication of academic credentials, but because of job transfer the reason not to report to the company is not processed;
　　10Automobile insurance payment vouchers, aims to prove that the plaintiff Guanlong company paid for the defendant Tang Maolin2791Yuan car insurance;
　　11"Employment" and the system of rewards and penalties2003Version of "Employee Handbook", aims to prove that the plaintiff Guanlong company recruitment business personnel must be a college education.
The defendant argued that the defendant to the plaintiff Tang Maolin, although the Guanlong company provides false certificates, but2008Years know the truth and the plaintiff company has made a deal with the defendant, and2008Years12The plaintiff and the defendant may also signed labor contracts, proof that the plaintiff in consideration of the defendant's business ability so ignore the fabrication of academic credentials. So2010Years6The plaintiff and the defendant on fabrication of academic credentials that terminate the labor contract in violation of the law, shall pay the illegal remove labor contract damages. The plaintiff in the2010Years6Month30To the defendant a lawyer letter, notice to terminate the labor contract, the labor relationship between both parties at the end of2010Years6At the end of the month, the defendant has to do with the second quarter, the plaintiff should pay the quarterly bonus. About a plaintiff mentioned and borrowing money28 500Element, which10 000Yuan business money has been spent6922Element, it agreed to return3078Element;15 000Department of the yuan to private name to the plaintiff borrowed money, but because of the leadership is not signed, so the defendant actually has not obtained the loan, not agreed to repay the money; tea2000Yuan, the department took the lead Yang Chengxin tea to the customer. Leadership requires the defendant to the company a2000Yuan for invoice back, but the defendant has not been found on the invoice; to rent temporary support workstation name1500Element in the1300Yuan deposits,182System of electricity. Because the plaintiff and the defendant to terminate the labor relationship between the workstation using the house rent in advance by default, the two payment shall not return, we agreed to return the remaining18Element. Rental housing8190Yuan is the deputy general sign agreed to pay2010Years5January11Month rent, it is not agreed to return. Three months of automobile insurance697.75Element, the defendant agreed to return. On the other, because the plaintiff to Wuxi lowest payment base for the defendants to pay social insurance in violation of the law, the plaintiff to the defendant actual income as the paying base for its back2008Years7January2010Years7The difference on Wuxi city urban social insurance.
The defendant Tang Maolin submitted the following evidence:
　　1Tang Maolin and Ma Yuxin, Pan Rujuan. The recording data of one each, to prove that the plaintiff Guanlong company in early2008Years has been on the fabrication of academic credentials of a processing;　　　　　　　　　　　　　　　　　　　　　
　　2A electricity invoices, to prove that the defendant Tang Maolin's workstation in2010Years6Month should pay for the electricity182Yuan, which included in the defendant at2010Years5Month31The plaintiff to advance the Guanlong company1500Element;
　　3. Payment Certificate in two copies, six copies of travel report, invoice table, to prove that the defendant Tang Maolin in2009Years12Month to the plaintiff, Guanlong company a service fee10 000The yuan has spent entertainment fees, meals, travel and other total6922Element.　　　　　　　　　　　　　　　　　　　　　　　　　　　　
Shanghai Jiading District people's Court of first instance found:
The defendant Tang Maolin Shanghai City Department of foreign workers.2002Years3Month1Tang Maolin entered the Guanlong company engaged in sales work. The appointment, Tang Maolin to the Guanlong company personnel department submitted himself to2000Years7He graduated from Xi'an Technological University Department of materials engineering, the copy of degree certificate, the two sides signed a deadline for the2002Years3Month1To the same year12Month31Date of the labor contract, the contract2002Years3Month1To the same year8Month1Day of trial period, after the two sides renewed annually for a period of one year of labor contract.2007Years12Month25Day, Tang Maolin signed the "service commitment" a book, content is: "I am as staff Shanghai Guanlong Valve Machinery Co., Ltd., the following commitment:...... My personal materials available to the company before is true, if false, is willing to unconditionally by the termination of the contract......"2008Years12Month23Day, the original, the defendant signed the "supplementary agreement" the labor contract agreed period, the original labor contract extended2011Years12Month31Day. The company has offices in Nanjing, Wuxi opened in Changzhou, after the workstation (Wuxi Office), Tang Maolin from any workstation stationmaster, no other staff. Guanlong company allows Tang Maolin to individual rental housing as the office work, housing expenses to be borne by the company.2009Years10Month25Day, Guanlong company to pay the car insurance premiums to Tang Maolin2791Element.2009Years12Month25Day, Tang Maolin to the Guanlong company submitted a single (Department Director Yang Chengxin signature) and receive service fee10 000Element,2010Years1Month7Tang Maolin spent entertainment fees, meals, travel and other total6922Element.2010Years2Month11Tang Maolin filled out a daily matter as the "borrowing", temporary support for the amount of15 000A single element, but the document without the competent leadership of the signature confirmation.2010Years4Month23Day, Guanlong company paid to Tang Maolin2010Years5Month22To the same year11Month21Day rent (including tax)8190Element.2010Years5Month31Day, Tang Maolin fill in two copies of a single and the Department in charge of Yang Chengxin signature confirmation to the Guanlong company paid the rent deposit workstation1500Element and tea section2000Element, in a single paragraph about the tea on the record "for invoice back", after Tang Maolin fails to submit the invoice Guanlong company tea.2010Years6Month28Day, Guanlong company to Tang Maolin issued proof of retired workers, but Tang Maolin does not agree to accept,2010Years7Month2Tang Maolin received the Guanlong company lawyers letters, which stated "given to Guanlong issue you in the job of the relevant materials and the statement is false, and in the time of business indicators did not complete the company policy, does not comply with company rules work discipline and rules, so from now on you fire Guanlong company, namely labor the contractual relationship" with you, dated2010Years6Month30Day. The company failed to pay Tang Maolin2009In the fourth quarter bonus (Commission) balance20 493.89Yuan, not pay Tang Maolin2010In the first quarter bonus (Commission)1198.40Element and the two quarter bonus (Commission)32 213Element. In addition, in the2008Years8Month, led by Ma Yuxin Tang Maolin (East China supervisor manager of business department Guanlong) by others report that Tang Maolin and confirmed the fabrication of academic credentials.2008Years12Month1Future work to mobilize, Tang Maolin the area is no longer affected by the Ma Yuxin administration. Guanlong in labor arbitration stage presentation, office staff recruitment, verified and guaranteed by the director of the office of the director of the office of the actual operation, to provide staff qualifications certificate copy of it.
　　2010Years11Month1The day, Xi'an Technological University affairs in writing issued by the plaintiff defendant Tang Maolin Guanlong company the copy of graduation certificate "2000That no person "Graduation Certificate in the word and stamped confirmation. The following provisions Guanlong "Employee Handbook": "new hires shall provide the following documents to the original for the personnel department to review, and make a copy for the personnel department (archive1ID.2Degree certificate)......" "Employees have any of the following serious violations of the rules and regulations of the company situation, the company will be fired, and do not give any economic compensation:...... By deception false professional qualifications or other record......" The above content, Tang Maolin has confirmed the signing of awareness.2010Years7Month19Day,8Month11Tang Maolin and Karon company respectively on the illegal remove labor contract damages, return a money matters to the Jiading District Labor Arbitration Commission arbitration,2010Years9Month17Jiading District labor arbitration commission to make Jialao Zhong (2010Office word article)1860,2188No. the award, award contents are as follows: first, Guanlong company should be a one-time payment of the defendant illegal remove labor contract damages181 866Element,2009The fourth quarter of the year prize (Ti Cheng)20 493.89Element,2010In the first quarter bonus (Commission)1198.40Element,2010In the second quarter bonus (Commission)32 213Yuan, a total of RMB235 771.29Yuan; two, Tang Maolin should be a one-time return Guanlong company2009Years12Month25Japanese business fee temporary payment10 000Element,2010Years5Month31To buy tea temporary payment2000Element,2010Years5Month31The workstation rent deposit1500Element,2010Years2Month11Day loan15 000Yuan, car insurance697.75Yuan, a total of RMB29 197.75Yuan; three, the other claims, Tang Maolin does not support; four, the other claims Guanlong company, does not support. Guanlong company refuses to accept a partial award content, then sued.
In this case the focus of controversy: the defendant Tang Maolin submitted false certificates to the Guanlong company in the entry form, whether one of the Guanlong company legal termination of labor contract reason.
Shanghai Jiading District people's Court of first instance that:
One of the criteria for the party fraud are aware of the real situation. All the offices of Ma Yuxin Department of management the Guanlong company in East China's business manager, which under the jurisdiction of the office staff recruitment, dismissal and work on behalf of the company's duty behavior.2008Years12In the month, Ma Yuxin knows the defendant Tang Maolin provide false degree cases, still making and renew the labor contract that decision, Guanlong company already know Tang Maolin fabricate academic credentials still continue to be employed, which shall not be prosecuted Tang Maolin provides any false record of formal schooling behavior. And crown dragon company for sales personnel qualifications set access qualification shall be to ensure the sales staff's ability to work, Tang Maolin2002Years into the Guanlong company after the two sides have to renew the labor contract that is confirmed from the side of Tang Maolin work ability, Guanlong company is approved, the crown dragon company should not be Tang Maolin fraud reasons, Guanlong company terminate the labor contract is illegal termination.
Accordingly, the Shanghai Jiading District people's court in accordance with the "people's Republic of China Labor Contract Law" article third, first paragraph of article thirtieth, article forty-seventh, article eighty-seventh, "PRC Civil Procedure Law," the first paragraph of article sixty-fourth, the Supreme People's court "on the civil procedure rules of evidence" the provisions of article second, in2011Years3Month21The day of judgment:
Ten days to pay the defendant Tang Maolin illegal remove labor contract damages RMB a plaintiff, Guanlong company shall enter into force on the date of judgment181 866Element,2009In the fourth quarter bonus (Ti Cheng) balance of RMB20 493.89Element,2010In the first quarter bonus (percentage) of RMB1198.40Element,2010In the second quarter bonus (percentage) of RMB32 213The above four yuan, a total of RMB235 771.29Element;
Ten days to return the plaintiff Guanlong company two, the defendant Tang Maolin shall come into effect from the date of judgement2009Years12Month25Day a service fee of RMB3078Element,2010Years5Month31On a workstation rent deposit of RMB1318Element,2010Years4Month23Day receive rent RMB workstation6370Yuan, automobile insurance fee of RMB697.75The above four yuan, a total of RMB11 463.75Element;
Three, rejected the plaintiff Guanlong company's other claims.
Guanlong company verdict of the first trial, appeal to the Shanghai second intermediate people's Court of appeal, Guanlong company called:1Guanlong company legal and appellee Tang Maolin to terminate the labor contract according to, should not pay for illegal remove labor contract damages. First of all, Tang Maolin has forged academic fraud, the fraud of Tang Maolin by way of Guanlong company signed labor contracts in accordance with the rules and regulations, Guanlong company and the two sides agreed, Guanlong company terminate the labor contract is legal. The company's recruitment require applicants to submit original certificates, Tang Maolin2002Years experience also submitted forged certificates, the Guanlong company only retained Tang Maolin provide copies of education certificates, the original has been returned to Tang Maolin himself. The company believes that, even if the Guanlong in hiring Tang Maolin not diploma as the review of obligations, nor is this offset Tang Maolin fabrication of academic credentials of responsibility. On the other, Guanlong company manager Ma Yuxin not the entire East China Sales Manager, the only Suzhou area business manager, does not have the personnel punishment. Even if the Ma Yuxin manager know Tang Maolin forged diploma things, also do not represent the company also knows the matter and has been treated, and the fact that Ma Yuxin has proved not report it to the company. Guanlong company and Tang Maolin renewed when labor contract manager Ma Yuxin also has transferred his work, Guanlong company and Tang Maolin renew the labor contract does not know the fabrication of academic credentials. Secondly, Tang Maolin also has other engage in malpractices for selfish ends behavior in the process of working, Tang Maolin and Su Changzhou Pump Industry Co., Ltd. signed a contract of yin and Yang, to the contract agreed price for customers2115Yuan, but to the company's contract price only1407Yuan, only the actual receipt of Guanlong company cash1407Element. Changzhou Su pump pump Co., company to issue a proof. Tang Maolin this play favouritism and commit irregularities serious violation of company rules and regulations, Guanlong company and Tang Maolin terminates the labor contract in accordance with the law, Guanlong company without paying Tang Maolin illegal remove labor contract damages. The trial court finds that the facts are not clear, the improper application of the law. Request for revocation of the trial court first about illegal remove labor contract damages verdict, Guanlong company not pay Tang Maolin request to terminate the labor contract law of compensation181 866Element.2The court ruled that Tang Maolin should return the company15 000Yuan and10 000Yuan a single payments that are inconsistent with the actual, Guanlong company believes that two should be refunded. About15 000Yuan a single payment, Guanlong company thinks, which Tang Maolin signed borrowing single in Guanlong, that Tang has actually achieved the above sum Lam, the trial court held that this money has not actually obtained based on the lack of Tang Maolin. About10 000Yuan a single payment, Guanlong company employee reimbursement service fees shall be stipulated in the expenses occurred within one month after to the director of audit, Tang Maolin until the arbitration advocates that the business expense reimbursement, not in conformity with the provisions, shall be refunded the money. The request for revocation of the original judgment second, Tang Maolin commuted to return the full amount Guanlong temporary payment25 000Element.
During the trial of second instance the appellant Guanlong company provides two new evidence:
　　1Appellee Tang Maolin2002Written years entry when a personal memoir, called graduated from the Xi'an Technological University Department of material engineering, aims to prove that Tang Maolin when the entry is made false statements;
　　2. the appellant Guanlong company personnel card two, to fill in time2008Years6Month9Day,2009Years4Month30Day, fill in the artificial appellee Tang Maolin. The "education" column is filled in as graduated from the Xi'an Technological University, aims to prove that Tang Maolin is academic situation cheating the company, and in2008Continue to deceive the company year to renew the labor contract after.
Is Tang Maolin argued that:1The appellant Guanlong company according to the Guanlong company recruiters are required to provide false proof of qualifications,2008Years8From top to bottom for Tang Maolin provides false certificates of months Guanlong company is known, so not to Tang Maolin promotion, this is the Guanlong treatment on Tang Maolin.2008Years12Month Guanlong company and Tang Maolin signed a labor contract, the Guanlong considering Tang Maolin's business ability and no longer care about the fabrication of academic credentials. At the same time, Tang Maolin think, the on-the-job performance has been very good, complete with should have the ability to service personnel, from the perspective of fair and reasonable, not only in fabrication of academic credentials on grounds of labor contract.2010Years of Guanlong to fabricate academic credentials for labor contracts, the company removed the old staff excuse, Guanlong company should pay for their illegal remove labor contract damages;2About15 000Yuan a single payment, the loan form without company supervisor sign, Tang Maolin didn't get the money, don't agree to return. About10 000Yuan a single payment, Guanlong company operating procedures have a certain amount of employee reimbursement business expenses, so to Tang Maolin the money not timely reimbursement. Tang Maolin held that the trial court made the judgment is appropriate, request the court of second instance rejected Guanlong appeal according to law, maintaining adjudgment.
The appellee Tang Maolin did not submit new evidence.
Court held that the two groups of evidence is reinforcing the appellant Guanlong company on the evidence, Guanlong company although in the second only to provide, but by the appellant Tang Maolin the authenticity of the evidence has not denied the authenticity of the evidence, the court shall confirm.
Shanghai second intermediate people's Court of second instance trial by, confirmed the finding of facts.
Find out the other, the appellant Guanlong "Employee Handbook" provisions of article thirty-fourth: "employees have any of the following serious violations of the rules and regulations of the company situation, the company will be fired, and do not give any economic compensation:...... (2) by deception false professional qualifications or other record......."
The focus of the dispute is the trial of the case:1The appellant and appellee Guanlong company released Tang Maolin's labor contract is legal, Guanlong company should pay Tang Maolin illegal termination of compensation contract;2Tang Maolin should return the full amount Guanlong company claims payments.
Shanghai second intermediate people's Court of second instance that:
The appellee Tang Maolin provides false diploma in entry and false statement behavior have apparently constitute fraud. But Tang Maolin2008Years12Whether fraud controversial at the end of the month and the appellant Guanlong company to renew the labor contract, the key is to renew the labor contract, Guanlong company are aware that Tang Maolin fabrication of academic credentials and made the mistake of intention. First of all, Tang Maolin Ma Yuxin's recordings, to prove to renew the contract when the company is known by the false degree a thing, but the recording has many obscure places, is not sufficient to prove that Ma Yuxin had told Tang Maolin forged degree of Guanlong company. Second, the written testimony Guanlong company provides Ma Yuxin said because of job transfers will not fabricate academic credentials of the Tang Maolin report to the company, also not the matter dealt with. Although Ma Yu Ching, Guanlong company managers, have a certain relationship with the company, but the evidence is not the only evidence, the proof can be combined with other evidence synthesis judgment. Third, Guanlong company provides order before display, Guanlong company and Tang Maolin renew the labor contract, Ma Yuxin has indeed been transferred to him. Fourth Tang Maolin2009Years to fill in personnel card "education" column is filled in as Xi'an Technological University materials engineering department. Comprehensive analysis of the parties burden of proof, that Tang Maolin on the appointment with the false degree one has been taken to hide attitude, Tang Maolin also no evidence that the behavior of the false degree is Guanlong company is aware of and has been understanding, so Tang Maolin in2008Years12Still constitute fraud month renewed when labor contract, the labor contract law article twenty-sixth, article thirty-ninth stipulated by fraudulent means, the other party to enter into a case of violation of the true meaning of the labor contract is invalid, the employer may terminate the labor contract according to. The crown dragon company and Tang Maolin remove labor contract has a legal basis, should not pay for illegal remove labor contract damages. In addition, the labor law of our country in the full protection of the legitimate rights and also to protect the employer legitimate employment management right. The employer by the rules and regulations of enterprises the necessary restraint of the laborer is the important means of administration according to law. Guanlong "Employee Handbook" provisions of article thirty-fourth, the employee by deception false professional qualifications or other experience, the company will be fired, and do not give any economic compensation. At the hearing, Tang Maolin on the "Employee Handbook" authenticity and no objection. Tang Maolin provides the false behavior of education is also strictly prohibited Guanlong company rules and regulations, rules and regulations and Tang Maolin Guanlong company based enterprise terminates the labor contract in accordance with the law, is the embodiment of the exercise of power, or not. Moreover, Tang Maolin2007Year "undertaking" has signed for a, content is: "I am as staff Shanghai Guanlong Valve Machinery Co., Ltd., the following commitment:...... My personal materials available to the company before is true, if false, is willing to unconditionally by the termination of the contract......". The confirmation of work is Tang Maolin and crown dragon company agreement of the principle of good faith based on the Tang Maolin law, for the breach of obligation should be clear. The two sides agreed not to violate the law, is a legitimate and effective. Therefore, from the perspective of commitment, Guanlong company in found that Tang Maolin forged qualifications, based on commitment and terminate the contract is based on the. As for the Guanlong company that Tang Maolin signed a contract of yin and Yang, and customers to earn price difference, serious violations, asked Tang Maolin to rescind the labor claims, because of lack of evidence, it is difficult to adopt. But this does not affect the Guanlong company based on Tang Maolin fake degrees, cheating the company, in violation of the rules and regulations of labor contract law and company and I promise to exercise the right to rescind the contract reason. The court of first instance on the Guanlong terminate the labor contract with Tang Maolin is not legitimate, Guanlong company should pay Tang Maolin illegal to terminate the contract damages that improper, should be corrected.
About the respondent Tang Maolin should return the Department for payment problems. The differences between the two sides is the focus of controversy appellant Guanlong company stands15 000Yuan loan fact is established, Tang Maolin submitted6922The range of element certificate is Guanlong company shall be reimbursed. In this regard, the parties concerned shall provide sufficient evidence to confirm that stands on its own. The Guanlong company asked Tang Maolin to return15 000Yuan a single payment, the temporary support payments according to Tang Maolin provide a certificate that the Guanlong company is leading the examination and approval system, need to fill in a form submitted to the competent approval signatures, and a single the loan without supervisor sign, Guanlong company also did not provide other evidence to prove that it has to Tang Maolin is spending the money, the court of first instance that the loan was not sufficient facts. The Guanlong company asked Tang Maolin to return10 000Yuan business section of the problem, Tang Maolin worked in Guanlong company during the period because of the need for business expenses shall be reimbursed, Guanlong company. Now Tang Maolin has submitted evidence for the business cost6922Element, and crown dragon company and no evidence to prove that the cost for personal Tang Maolin, the expenses shall be reimbursed, Guanlong company. Tang Maolin agreed to return the balance3078Yuan, not contrary to law. Guanlong company for reimbursement of fees should be in business expenses occurred within one month after the director of audit is to not be reimbursed, the lack of basis. The court of first instance has two money finds that the facts are clear, the decision is not wrong.
Accordingly, the Shanghai second intermediate people's court in accordance with the "PRC Civil Procedure Law" article 153rd (a), article (three) the provisions of item, "the people's Republic of China labor contract law," the first paragraph of article twenty-sixth, the provisions of article thirty-ninth, in2011Years7Month25The day of judgment:
One, Shanghai Jiading District people's Court (maintenance2010Jiamin (four) min) at the beginning of the word no.418Civil judgment of the text second;
Two, the revocation of Shanghai Jiading District people's Court (2010Jiamin (four) min) at the beginning of the word no.418Civil judgment of the first, third;
Ten days to pay the appellee Tang Maolin three, the appellant Guanlong company shall enter into force on the date of judgment2009In the fourth quarter bonus (Ti Cheng) balance of RMB
20 493.89Element,2010In the first quarter bonus (percentage) of RMB1198.40Element,2010In the second quarter bonus (percentage) of RMB32 213The above three yuan, a total of RMB53 905.29Element;
Four, the appellant Guanlong company asked not to pay the appellee Tang Maolin illegal remove labor contract damages the request support.
This judgment is the final judgment.