How To Resolve Conflicts Between Labor Contract And Rules And Regulations

Staff Wu and a company signed a 4 year period.

The contract period is from May 5, 2009 to May 4, 2013.

The contract is clear that Wu's position is customer manager. The monthly income is: basic salary 3000 yuan, telephone subsidy 150 yuan, business trip subsidy 1000 yuan.

Over the past two years, the company has paid wages to Wu in accordance with the standards stipulated in the contract.

However, in the second half of 2011, wages in Wu changed.

The reason is: in June 2011, the company set up new rules and regulations for the standardization of management, and publicized it.

The new system has adjusted the subsidy standards for employees, and the subsidy standard of customer managers has been adjusted from 150 yuan per month to 250 yuan per month.

The new system was implemented in July 2011.

In the same month, Wu was unable to get the 1000 yuan which was originally contracted out, so even though the telephone subsidy increased by 100 yuan, the total income was less than 700 yuan.

Wu therefore was very dissatisfied with the company's adjustment of subsidies, and demanded that the company continue to pay wages according to the standards stipulated in the labor contract, so that it could not lower its standards on its own.

The company replies: the rules and regulations formulated by the company are approved by the staff Council, and the contents and procedures are in conformity with the law, and the new system is more fair and reasonable.

The controversial focal company and Wu's point of view are reasonable. The core of the case is that when the rules and regulations of the employer are in conflict with the agreement of the labor contract, which of the rules and regulations and the stipulations are more

What about it?

Analysis of rules and regulations is the basis for employing units to manage their employees.

It is a general standard for the management of labor rights and obligations.

The labor contract is formed between laborers and employers. It is the result of consensus between the two parties. It is also an agreement to regulate the rights and obligations of both parties, and it is a special agreement.

According to the principle of legal effect of "special superior to general", the legal effect of the special agreement between employers and workers in labor contracts is higher than the general provisions of rules and regulations.

Interpretation of the Supreme People's Court on Several Issues concerning the application of the law in labor dispute cases two (Interpretation No. 2006] 6) sixteenth stipulates that the internal rules and regulations formulated by the employing units are inconsistent with the contents stipulated in collective contracts or labor contracts, and the people's court shall support the workers' request for the application of the contract in advance.

Therefore, when there is a conflict between the stipulations of the labor contract and the rules and regulations, the laborers have the right to request the labor and capital sides to fulfill their labor rights and obligations according to the special contract of the labor contract.

In this case, the company and Wu explicitly stipulated the wage treatment in the labor contract, including the monthly business allowance of 1000 yuan. This agreement is the promise of the employing unit to Wu and has the legal effect.

Rules and regulations, such as travel allowance, are applicable to workers who have not reached agreement with the company.

With regard to Wu's travel allowance, the company can change the subsidy standard of Wu through the way of changing the labor contract by agreement, and may also stipulate the travel subsidy according to the rules and regulations stipulated by the supplementary agreement.

If Wu does not agree to negotiate, he should continue to carry out the original contract within the term of the labor contract.