Employees' Income Records Are Unknown, And The Consequences Are Very Serious.

along with

For this reason, the theme of salon, entitled "risk and coping skills of employees' wages and benefits management", was invited by Zhang Tao, a lawyer of the talent network of the elite Internet Union. The lawyer specially invited Beijing Tianmu law firm, lawyer HR, to give a detailed account of the details of wage management, risk aversion and Countermeasures for the pharmaceutical industry.

Disputes caused by false records of income certificates should not be ignored.

Case: Hongmou served as an assistant general manager in an advertising company in 5 months in 2008.

In April 2009, due to disputes with shareholders of the company, he left office without hand over the job.

Labor arbitration was then proposed to pay double wages from written labor contracts which were not signed from June 2008 to April 2009.

In July 2008, Hong Mou applied for a loan to buy a house. He made use of his position to let the financial personnel open the income certificate for him: Hongmou served as the deputy general manager of the company, the fixed monthly salary was 15000 yuan, and the average monthly bonus and bonus was 10000 yuan.

Hong Mou accordingly advocated a double wage difference of 275000 yuan.

The result of applying for labor dispute arbitration in this case is that, because Hong Mou holds the company's stamp revenue, the number of income certificates is determined to be double compensation wage base, and support 275000 is advocated.

After the court was submitted to the court, after careful investigation, it was considered that double wages should be part of the fixed wage, and the income proved that the writing content was rather vague and did not find any evidence of bonus except for 15000 monthly salary.

Therefore, the double wage base is calculated from the number of fixed wages and fixed wages issued, so the judgement is compensated by 150000 yuan.

Lawyer Zhang pointed out that first, the contract management was not good enough, which led the laborers to claim compensation for the enterprise, resulting in a certain loss to the enterprise.

Second, the wage income proves that the fact is that the enterprises are in a disadvantageous position in the process of labor arbitration.

Although the final award is not supported by the court, the whole litigation process will cost manpower and material resources, which will have some adverse effects on the production and operation of enterprises.

To avoid such risks, Zhang suggested that enterprises should strictly manage the signing and storage of labor contracts, and fundamentally eliminate such cases.

We should be cautious when issuing income certificates, in line with the principle of truth.

If it is necessary for other reasons to issue a certificate of income which is discrepant from the facts, the enterprise shall ask the laborer to write a personal statement or promise to explain when the certificate is issued, what purpose it is used, and the amount of wages does not act as a future proposition.

In addition, in response to the circumstances of the case, Zhang reminded HR that Hongmou proposed double pay compensation. Although the court did not accept the idea of 10000 yuan bonus, if Hongmou filed a separate prosecution, it required that the bonus and bonus amount specified in the income certificate be reissued, and the enterprise would bear the negative consequences.

The wage signature system is not implemented, and the number of wages is difficult to determine.

There are two forms of payroll: pfer directly to the employee's salary card and cash payment.

No matter which way of payment is issued, it should be confirmed by the employee himself.

Case: at the beginning of an electronic enterprise in Zhongguancun, there were fewer people and only five staff members.

After graduating from a university, he joined the company as a sales representative in October 2008.

The monthly salary is 2500 yuan in cash.

Due to the small number of companies, although the financial staff made relevant reports, they did not implement the signature confirmation system.

In June 2009, there was no sales performance in the first half of the first half of the resignation, and the company held a certificate of departure.

In the next month, Gao submitted an arbitration to the labor arbitration commission, claiming that the monthly salary was 4000 yuan. The company did not sign a labor contract with it, requiring the company to pay 7 times the monthly salary.

{page_break}

Judgement: because Gao holds the company's leave certificate, determines the actual labor relationship.

If the company fails to perform its duties and sign a labor contract with Gao, there is a fault. It should support the idea of double compensation for workers.

There is a big controversy over the determination of wages.

According to the sixth Interim Provisions on wage payment, the employer must record in writing the amount, time, name and signature of the worker paid, and keep it for more than two years for reference.

The company failed to provide proof of labourers' signed payroll records.

Therefore, the labor dispute arbitration commission supports a high salary of 4000 yuan, which is compensated by double pay.

Zhang said that such cases are not uncommon. Enterprises must strictly enforce the signature confirmation system to avoid losses.

At the same time, remind financial personnel to ask their employees to sign their names by using regular script writing, so as to avoid the loss of handwriting identification.