Employees Leave To The Field Employment Units To Deduct Royalty Payments.

After the termination or termination of the labor contract,

The labor relations with employers are eliminated.

However, both parties will also have some post contractual obligations based on previous labor contracts.

For employers, one of their most important obligations is to settle wages for workers at once.

The legal basis for this requirement is the ninth provision of the former Labor Department's "Interim Provisions on wage payment": "when a labor contract is terminated or terminated by a labor contract in accordance with the law, the employer shall pay the worker's wages once he terminates or terminates the labor contract."

However, such a clear rule was not implemented when Mr. Sun left office.

The reason is that Mr. Sun and his company agreed in the labor contract: "the royalty of salesmen should be paid after the contract is recovered."

"If it's in peacetime, it doesn't matter if we wait a little longer.

Now, I have left my job.

Is it necessary for me to wait one or two months to come to Beijing from Shanghai or Guangzhou and visit the old place of the company? "Mr. Sun is very puzzled about this.

Mr. Sun joined in a gift company in Beijing in mid August 2012 for sale.

The two sides agreed in the labor contract: Mr. Sun salary base salary plus commission, the base salary is 4000 yuan per month, the Commission salary is determined according to Mr. Sun's sales performance.

Over the past 3 years, Mr. Sun has been among the best among his colleagues.

But in August this year, Mr. Sun needed to leave Beijing to work in the field.

Therefore, he told the company that the labor contract would expire after the expiration of the labor contract, and hoped that the company's sales commission in July 2016 and August would be cleared up.

However, during the process of departure, the company informed Mr. Sun: your royalties in July and August totals 110 thousand yuan.

However, three of the contracts have not yet arrived, accounting for 20 thousand yuan.

Therefore, you can only pay 90 thousand yuan now.

The remaining funds will be distributed when conditions are ripe.

Mr. Sun thinks that the company intends to make difficulties for itself and requires immediate payment and full payment of the royalty in full.

And the company insists on following the rules and regulations, the contract is not in place, and no royalty will be paid.

As a result of the controversy, Mr. Sun commissioned a lawyer to apply for arbitration in labor dispute arbitration, requiring the company to pay the royalty in full.

Before the trial, the company contacted Mr. Sun to mediate the matter.

Mr. Sun believes that the arrears are very clear, and their claims are lawful and legitimate. There is no other good deal to offer except money.

The company had to pay the remaining 20 thousand yuan royalty to Mr. Sun.

After receiving the money, Mr. Sun withdrew the arbitration application to the arbitration agency.

For this has been formed

But in the labor dispute case before the arbitration court before the trial, Zhang Lide, director of Beijing Hong Jia law firm, said that this is the company's determination to protect Mr. Sun's rights and is also investigating whether his actions are in accordance with the law.

The reason why this case has such dramatic changes is that besides the fact that Mr. Sun prefers to take less money and let the company take the actions of making a lawsuit, the company cares more about money than that. If it loses the lawsuit, it will have an adverse effect on the corporate image and other employees.

Zhang said that the business commission system is the main wage system for the sales staff.

In reality, many enterprises stipulate by labor contract or enterprise rules and regulations: money to royalty.

The implication is that only the salesperson's sales account is paid to the salesperson's royalty.

From the legal point of view, royalty wages belong to the remuneration of employees and are part of wages.

Since employees already have sales performance, enterprises should pay the corresponding royalty to employees in accordance with the rules and regulations or the royalty ratio stipulated in the contract, which is the legal obligation of enterprises.

In order to avoid the possible bad debts, bad debts, or prevent malicious collusion between sales staff and customers, the enterprises should defraud the sales commission with false contracts.

Practically speaking, this is indeed a more suitable or reasonable salary system and financial management system.

However, this does not mean that "payment to Royalty" is fully in line with the law.

If employees are on a commission basis, there will be no controversy.

It can be different from Mr. Sun.

When employees leave, if the enterprise fails to honor their pre Employment Commission, the royalty will still be deduct from the "money to the Royalty", which violates the legal provisions of the above "when the labor relations between the two parties are terminated or terminated, the enterprises should settle wages with their employees".

The result of the enterprise's insisting on doing so is to lose money and lose money.

From another point of view, the sales contract is clear.

Whether it is recovered or not, its legal nature is a dispute between the seller and the buyer. The solution to the dispute is whether the sales amount can be recovered or not.

Just imagine, after the company's salesmen left the office, if they were asked to continue to levy money on the sales refund, what kind of identity should the employee give to the other side? If he did not reclaim money as employees of the company, he said that he urged the return of the contract. Even if he did not reclaim any money, would the company pay the remuneration for this part of the work when he paid the labor? If so, would the company not only pay the original royalty but also pay new labor remuneration?

Zhang believes that this case can be solved in this way, which is the most satisfactory solution.

Because we have no objection to Mr. Sun's performance and the amount of royalty payable, we should know that it should be paid. We only want to postpone the payment if the contract is not recovered.

In other words, even if the goods can not be recovered, the purpose of the company to avoid deducting royalties can not be achieved.

Although Mr. Sun was not in Beijing, he commissioned a lawyer who could afford to spend any time, whether he was lawsuits or not.

The arbitration and the court will ultimately support their request.