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Mr.Wang joined Bulun Company on February 18th, 2006, and both parties signed an open-ended labor contract on January 1st, 2012, stipulating that the basic salary of Mr.Wong was 18,333 yuan after tax.
The company solemnly agreed in the labor contract: "Next year's salary will be adjusted according to the increase of national GDP in the previous year".
On February 23, 2017, the company issued a notice to adjust the floor of MR.Wang's office, and he signed it to express his disagreement.
On March 1, 2017, the company issued a waiting notice to arrange for Mr.Wang to wait for his post, and he signed it to express his disagreement.
At this point, the harmonious labor relations between the two sides have broken down.
On March 6, 2017, Mr.Wang suddenly made a move and sent a notice to the company to terminate the labor contract in the form of express delivery. He believed that the company did not adjust the salary increase according to the increase of national GDP, which was due to insufficient payment of wages and forced to terminate the labor contract.
After the termination of the labor contract, Mr.Wang applied to the Labor and Personnel Dispute Arbitration Committee of Chaoyang District, Beijing for arbitration, demanding that the company pay the wage difference, terminate the economic compensation of the labor contract, pay the annual leave salary and handle the social security transfer procedures.
After the arbitration commission made a ruling, the company paid Mr.Wang the after-tax salary difference of 46,931.51 yuan from December 1, 2013 to March 6, 2016, the economic compensation for the termination of the labor contract of 164,806.5 yuan, and the annual leave salary of 10,490.72 yuan in 2015, and the company handled the social insurance transfer procedures for him.
The company failed to sign the labor contract correctly, which led to huge compensation later.
As we all know, signing a mutually beneficial contract can achieve a win-win situation for employees and employers.
As HR, facing the employees who come to the company, the first job is to sign the labor contract.
From full-time employment to part-time employment;
From the employment of interns to the re-employment of retirees;
The difference from labor contract to labor agreement;
From confidentiality agreement to the signing of non-competition agreement;
Do you know who applies which contracts?
What terms should these standard contract texts cover?
What risks should these employment relations avoid and how should they be reflected in the contract?
Contact us, and we will answer for you!
