It Is Not In Conformity With The Law That The Payment Of Employee's Signature Has Not Been Recovered.

Zhu went to a home furnishing limited company in May 2011 to engage in marketing work.

In October 2013, Zhu signed a contract of table and chair with a value of 50 thousand yuan with his client.

After the customer delivered 20 thousand yuan, the company immediately shipped the goods. After receiving the goods, the customers found that the tables and chairs were not up to the custom-made standard, and the late payment was not paid at the end of 30 thousand yuan.

The company has negotiated with customers many times, and Zhu has repeatedly sent letters to clients to urge him, and no consensus has been reached.

To this end, the company suspended the wages of Zhu in January 2014, used to deduct the company's outstanding money.

Zhu refused to accept the company's complaint to the local labor and personnel dispute arbitration committee, requiring the company to pay 12 thousand yuan in arrears.

Payment is the sum of money paid by the seller to the seller, which involves the relationship between the contract and the sale.

Labor remuneration paid according to the law is the compensation for employees to pay labor.

There are two different legal relationships with the purchase price. Zhu can cooperate with the company through other legal channels.

It is not in accordance with the law that a company can deduct its wages.

After mediation by the Arbitration Commission, the company paid a wage of 10 thousand yuan in arrears with Zhu.

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[case replay] Mr. Wang is a salesperson in the production of A company. He signed a labor contract with the employer at the beginning of his employment in 2010. The contract stipulated that "no matter what the reason is, after the employee has left, he will not be employed by the unit that has competition relationship with the employing unit within three years."

If the worker breaks the contract, the worker pays the liquidated damages to the employer for 100 thousand yuan at a time.

In April 2013, Mr. Wang met a business manager of shampoo production company B at an exhibition fair.

Mr. Ren took a look at Mr. Wang's negotiation strategy and distribution means, and he intended to dig Mr. Wang into B company with high salary.

At first, Mr. Wang refused and explained to his manager the breach clause in the labor contract signed at the time of entry.

Mr. Ren said that the breach of contract stipulated in the labor contract itself is illegal, and if A company investigates Mr. Wang's liability for breach of contract, B will also be willing to pay the penalty for Mr. Wang.

Mr. Ren's sincerity touched Mr. Wang.

Thus, in May 2010, Mr. Wang resolutely resigned despite the repeated retention of A company.

Three months later, Mr. Wang signed a labor contract with B company and became the sales manager of B company.

After knowing that Mr. Wang of the company has become the "manager" of B company, the A company immediately summoned the Ministry of justice to study and hired a lawyer to decide to apply for arbitration.

[referee] A filed an arbitration application with the labor arbitration department, asking Mr. Wang to pay a penalty of 100 thousand yuan to A company.

Mr. Wang argued that the breach of the gold clause in the labor contract was illegal.

Through the arbitration trial, the ruling supported the arbitration application of A company.

Mr. Wang paid 100 thousand yuan to the original company A for breach of contract.

[lawyer comment] lawyer Zhang Guochen of the water hammer law firm believes that from the above cases, we can easily find that Mr. Wang has switched jobs because of his words.

Is the right manager's argument correct? Generally speaking, it is illegal to stipulate the liquidated damages in the labor contract, that is to say, the manager's understanding is right from the broad perspective of the law.

The twenty-fifth clause of China's labor contract law also stipulates that the employer should not stipulate the stipulation that the worker should bear the penalty for breach of contract.

However, in this case, the terms stipulated in the labor contract between Mr. Wang and A company are not general clauses required in every labor contract, but a special provision called competition restriction.

Avoidance and avoidance of competition are a legal measure taken by employees to protect employees' business secrets. They are based on legal provisions or agreed by both parties. During the period of labor relations or after the end of labor relations, they restrict and prohibit employees from taking part in business competition units while they are in office. They also restrict and prohibit employees from engaging in competition with their own units after leaving office, including those who are not allowed to produce similar products or run other business units of similar businesses or have competitive relations or other interests, and do not have the same kind of products or similar businesses and have competitive relations with other employers. Then, what are the special clauses of the competition restriction?

It can be seen that the essential purpose of the competition restriction clause is to protect the commercial secrets of the employing units and prevent the relevant competing units from malicious competition.

According to the twenty-third clause of the labor contract law of China, the employer can stipulate the competition restriction clause in the labor contract or confidentiality agreement with the laborers who have the obligation of confidentiality.

If a laborer violates the stipulations of the competition restriction, he shall pay liquidated damages to the employing unit in accordance with the contract. "

A's approach is clearly correct.

In this case, the purpose of the agreement between A and Mr. Wang is to protect the business secrets of A company and the business resources accumulated by perennial business.

Mr. Wang's behavior in going to B company may lead to the loss of these resources, and at the same time, he also violated the terms of competition which he signed with A company.

Therefore, the arbitration award supports the arbitration request of A company, which is in conformity with the law of our country.