Min Kun Shoe Industry Kingdom Touches The Legal Bottom Line With Industry Frequency.

With the promulgation and implementation of the new labor law, all employment units have set up corresponding labor contracts in accordance with the new labor law. However, some units are still ignoring the existence of the new labor law and touching the bottom line of law.

In January 22nd, the reporter received a report and went to investigate the kingdom of Fujian Kunming footwear industry in Kunming.

On the 36 day, he sent only 233 yuan in January 22nd. Xiao Tao came to this newspaper and told reporters about his work experience in the kingdom of Fujian Kunming footwear industry (hereinafter referred to as the shoe industry Kingdom).

Xiao Tao said that in December 16, 2007, he signed a trial period service contract with the footwear kingdom of the industrial unit. The term of the contract was from December 16, 2007 to January 16, 2008. The post was a guide to purchase, and was assigned to the shopper under the No. 139 of the Gold Blue Road under the flag of the shoe king.

In January 16, 2008, Xiaotao got the first salary of 233 yuan in the footwear industry kingdom. The wage was Xiaotao's salary from December 16th to December 31st last year. After that, due to the shortage of shop staff, there was no rest day for a long time. Xiao Tao resigned to the store manager on the 18 day of January this year. In January 20th, Xiao Tao formally resigned.

However, the store manager decided that Xiaotao was leaving the company automatically. According to the requirements of the company's automatic departure, it could not distribute wages to Xiaotao from January 1st to January 20th.

In the contract of employee (probationary period) signed by Xiaotao and the footwear industry, the stipulation of wages is: monthly salary (probation guidance) = 600 yuan (base salary) + commission, trainee shopping guide with 100% personal sales task, the base salary of 50% is not floating, and the other 50% is calculated according to the proportion of individual sales task completed.

If the sales task is not completed, the Commission will be deduct at 1%, the sales task will be completed, and the Commission will be deduct at 2%.

According to the contract, the base salary of Xiaotao is 300 yuan, plus the sales commission, which constitutes the monthly salary of Xiaotao.

In January 22nd, the reporter learned from the kingdom of footwear that the sales task of Xiaotao was 14322 yuan. If Xiaotao finished the task, it would get a 2% Commission, plus a base salary of 300 yuan, and only about 580 yuan.

And reporters access to relevant information that, in December 28, 2007, the Yunnan provincial labor and social security department issued a notice, notices clearly request in Kunming area minimum wage standard from 540 yuan to 680 yuan.

Xiaotao worked for 36 days, but only got 230 yuan salary, which is obviously lower than the minimum wage standard required by the social security department.

In this regard, the company executive vice president Li Xiaodong said: "as an enterprise, how to mobilize the enthusiasm of employees, it is not enough to protect the system, but also need to stimulate employees from the economy, in order to fundamentally mobilize the enthusiasm of employees.

Of course, during the trial period, the base salary did not meet the minimum standard stipulated. This is indeed a violation of the labor law, and we will correct it in the future.

"The company should redistribute the remaining wages to the employee. If the negotiation fails, the employee can apply for labor arbitration."

Lawyer Wang said.

In addition, according to Xiaotao, he himself paid 200 yuan in liability and 100 yuan in training fees before he went to work in Kunming, Fujian Province.

In this regard, Li Xiaodong explained: "although this is not legal, but this situation exists in every company, which has become a hidden rule, mainly to improve the sense of responsibility of the company's employees.

Moreover, if the employee has reason to resign properly, we will refund the training fee after the employee has resigned. As for the liability, it is mainly a fear of responsibility for the employee's loss to the company. If the employee does not cause any loss to the company after his resignation, the money will also be returned.

The explanation for the company is whether it can be understood that if the employees cause losses to the company or the reasons for resignation are improper, then the 300 yuan will not be refunded?

In this regard, Wang lawyer said: "if employees cause losses to the company, the company can deduct the corresponding part from its wages to compensate the company's losses.

Moreover, the ninth article of the labor contract law clearly stipulates: "employing units to recruit laborers shall not detain workers' resident identity cards and other certificates, and shall not require laborers to provide guarantees or to collect property from laborers in other names.

Hidden rules are just some internal rules formulated by some enterprises for their own interests. When hidden rules conflict with laws, any latent rules are invalid.

In December 23rd last year, during the work of Xiaotao, the company issued a notice that the Spring Festival is coming. The company decided to stop the employee turnover procedures from January 1st to February 29th, and leave the leave of absence. If the sick leave is due to the hospital, the hospital certificate, receipt and medical record should be shown at the county level or above. If the overlord is requested, the fund should be paid 50 yuan / day in addition to absenteeism.

In addition, if a private person approves his subordinates' leave, he will pay the provident fund at 100 yuan / person.

"The notice is mainly because the Spring Festival is the peak period of sales. In order to seize the sales date, the notice is issued to restrict employees' hard work during the Spring Festival."

Li Xiaodong said, "as far as the provident fund is concerned, the company encourages employees to start their own businesses. As long as the working life and performance of the employees reach a certain level, the company encourages them to set up branches. The provident fund is the start-up fund for employees to set up branches. The fund is mainly deducted from the welfare of employees and voluntary contributions from employees."

Li Xiaodong went on.

Since voluntary contributions, why did the company show that in addition to absenteeism, it was necessary to pay the provident fund. The absenteeism has already been deducted from the day's wages. Why should it be handed over to the provident fund? Is this a disguised fine?

"For this reason, the company's notice is indeed unreasonable. In fact, paying the provident fund means a disguised penalty, but this is only a means, which is to keep staff members from concentrating on their work during this period. No employee has ever been punished, and of course, we will make changes in the content of the notice."

Li Xiaodong said.

The relevant departments refuse to interview why these latent rules appear. Do the relevant departments know the existence of the hidden rules?

Has the company violated the law?

With these questions, the reporter interviewed the Kunming labor and Social Security Bureau. The reporter sent a fax to the Kunming labor and Social Security Bureau on the request of the other party, but did not get a reply.

The reporter once again telephoned the Bureau. A staff member who did not want to be named said to the reporter: "this is just a case. We are not suitable for an interview with the reporter. The employee can report to us, we can help him to deal with it. If the reporter wants to know the relevant laws and regulations, then we can help journalists to contact the arbitration department for consultation, and we will not accept reporters' interviews."

At present, under the coordination of journalists, the shoe industry Kingdom has reissued the remaining 20 days' wages of Xiaotao and refunded the responsibility and training costs of 300 yuan.