Leave The Notice True And False Into A Key Court.

"The company has lost the lawsuit again. Although it may continue to appeal, the opinions of arbitration were fully affirmed by the court of first instance, and sufficient justification was given. Even if it appeals, there is no chance of it! "Fu Jing said.

"Why are you leaving your company?" asked the reporter.

"It is not my intention to leave my job, but the desire to keep quiet." Fu Jing said that in December 24, 2012 she entered Zhejiang Heyuan elephant Advertising Co., Ltd., as a sales salesman, orally agreed on a monthly salary of 6000 yuan plus commission.

From the signing of the first single advertisement in March 15, 2013, namely, the Suzhou (Cci Capital Ltd) advertising contract for the Wuhan subway light box, in June, it successively took the 4 single Xi'an bell tower underground corridor light box contract, and the 1 single Xi'an subway light box advertising contract.

"The total amount of these 6 contracts reaches 2288726 yuan. According to the company's direct customers 3% and channel customers 2%, the commission can be deduced from the 4 direct customers and 2 channel customers advertising fees by 57786.98 yuan." Fu Jing said, "however, when I left in September 30, 2013, I still had 49001.98 yuan left."

"The company seems unwilling to let you leave, and wants to sign a labor contract with you. Why don't you?" the reporter asked.

"Those who can bring benefits to the enterprise, who do not want to use it? However, they must be given reasonable treatment for others." "I didn't want to sign contracts with the company because of unfair terms in the labor contract," he said. But this does not mean that I am going to leave. There are conditions to talk about, but the company has dismissed me for not being obedient.

"But why did the company say you quit your job without permission?" the reporter asked.

"The mouth is on its body, it loves to say how to say." Fu Jing said, "the company also denies the termination of my labor contract notice and the notice of employee turnover settlement with its red seal."

Because the dispute could not be reconciled, Fu Jing submitted an application to the arbitration organization, requiring the company to pay for it. Wages between 1 and August 1, 2013 to September 30th were 11284 yuan; 2, December 24, 2012 to September 30, 2013, 49001.98 yuan; 3, January 24, 2013 to September 2013 30, no labor contract was signed, 84910.34 times the double wage difference; 4, illegal labor relations compensation was 20520 yuan. The Arbitration Commission supported all her requests.

The company refused to accept the ruling and filed a lawsuit. It was considered that the employee turnover settlement notice submitted by Fu Jing was not authentic and legitimate, and it was not issued by the company. In the arbitration application, Fu Jing said that the basic salary he agreed with the company was 6000 yuan when he entered the office. However, in the absence of other evidence, the judgment was not correct according to the unilateral statement of the monthly salary of 10260 yuan in the court trial.

In addition, the notice of termination of labor relations is not authentic. Legality It is not issued by the company. In accordance with the company's practice, the notice of the departing employee will withdraw the receipt of the receipt. To sum up, the court is requested not to pay the above fees.

Fu Jing advocated it in court trial. Quit The company paid no more than 10260 yuan in the previous year. And the bank statement submitted by him shows that the monthly basic salary is paid by Zhang to transfer to him. The company says Zhang is his sales manager and is still in service.

The company's outstanding royalty submitted by Fu Jing. Employee turnover notice "The company seal is stamped on it. The company applied for identification, and the conclusion was that the seal was identical with the sample in the company's industrial and commercial archives, but the seal and the name of the inscription were in the order of "Zhu Houmo first".

Fu Jing argued that the notice was provided by Zhang. Its content is: respectable Fu Jing, the company decided to terminate labor relations with you in September 30, 2013, wages, commission Commission, compensation settlement details. First, wages, the last working day September 30, 2013, wages have been distributed to July 30, 2013, the unsettled wages in August 5642 yuan, September 5642 yuan, a total of 11284 yuan. Two, royalty Commission, from December 24, 2012 to September 30, 2013, you develop 6 advertising contracts signed by customers, individual Commission commissions totaling 57786.98 yuan, of which the remaining 49001.98 yuan is not issued. Three, the compensation part of the company does exist in compliance with the contract, because it has not signed labor contracts for various reasons, and is willing to compensate for 11 months' wages. The monthly wage is 6000 yuan, and the total amount is 66000 yuan. In the end, wages, commission and compensation amount to 126285.98 yuan. The company will settle the payment to your China Merchants Bank's salary card before October 31, 2013.

The company does not recognize the authenticity of the settlement notice, but recognised that wages were not released in August 2013 and September, but did not submit opinions on the amount of wages to the court.

The company claims that it does not pay for the royalty, and has submitted a "channel sales system" for its proposal. She did not approve of the authenticity of the system, and submitted her "channel sales system", which was consistent with the company's submission.

In contrast to the two system, the customer commission provided by Fu Jing is 2% of the contract amount, and the direct customer is 3%. The system submitted by the company stipulates that the calculation base of the above commissions is 2% and 3% of the amount of the contract after deducting the research fee.

The company's system stipulates that after deducting the research fee, the business commission will calculate 80% of the sum of the amount paid after deducting the research fee from the actual sales refund. The remaining 20% Commission will be paid separately if the whole team completes the year-end task and returns in full and on time.

There is no such provision in Fu Jing's system. However, its recognition of the remaining 20% Commission requires the team to complete the index, but it is not clear what team indicators are, and the company has not submitted relevant evidence on the team performance indicators and the completion situation to the court.

The company has submitted the seal management method, stipulates that the general manager has the power to examine and approve the official seal, and the seal shall be registered. Fu Jing did not recognize this.

Some contracts and deductions were deducted, some of which were deducted from research fees and others were not deducted. However, no matter whether the deduction is deducted or not, the Commission Commission should be consistent with the amount listed in the sales contract audit form, and she has no objection to it. But the company does not recognize this audit form. In a separate trial, the court found that the audit form was identical with the style submitted by Fu Jing.

The court held that, in addition to the last page of the channel sales system submitted by Fu Jing and other pages, the provisions of the research fee and other provisions were inconsistent. Because the channel sales system is paging, other pages can be exchanged except for the last page of the signature confirmation. The court should refer to other evidence submitted by both parties to compare and verify the channel sales system.

The channel sales system submitted by Fu Jing has no relevant provisions on the research fee except the last page, which contradicts the stipulation of the research fee stipulated in the sales system submitted by the company. In the company's submitted application form for the signature of Jing Jing's signature, and the last page of the channel sales system submitted by both parties, there is a stipulation about the deduction of the research fee. Combined with the sales contract audit form submitted by Fu Jing, the court admits the stipulation and calculation proportion of the research fee in the company's sales system.

The court did not support the agreement on the royalty paid by the company about the turnover of the salesperson, but the company did not provide any other reasonable basis for paying the royalty without paying the Commission.

According to the facts identified, all the contracts specified in the notice of employee turnover have been reimburse, and the sales contract audit form submitted by Mr. Jing has already accounted for the royalty value. Although the company does not recognize the above notice, in another case, the company submitted the same form of the sales contract audit form, that is, the company should maintain the above sales contract audit form, which is not submitted to the court and should bear adverse consequences. The Court confirmed the authenticity of the contract verification form submitted by Fu Jing.

According to Fu Jing's "employee turnover notice", the seal and word formation order of the settlement office were first Zhu Houmo, contrary to common sense. However, according to the sales contract and the sales contract audit form submitted by both parties, the basic conditions of the sales contract in the notice, the calculation of the Commission and other evidence submitted by the company and Fu Jing can be verified each other. According to the accounting, the company should pay more than 4.9 yuan royalty.

Fu Jing's notice of dissolution of labor relations was covered by the company's official seal, indicating that his department was dismissed because he did not sign a labor contract. Although the company does not recognize it, it has not submitted any evidence of disproof. Its claim that the resignation of the company is unauthorized and the information of the above notice does not correspond with the court, and the court does not accept it.