Basic facts of the case
In July 2017, Xiao entered into a labor contract with a technology company (which has obtained administrative license for labor dispatch according to law) and was dispatched to a courier company as a delivery man, with a monthly salary plus commission. Xiao claimed that a courier company arranged overtime on weekends and statutory holidays during the employment period, and submitted a salary statement. The salary list is stamped with the official seal of a technology company, and both a technology company and a courier company recognize its authenticity. The salary table shows that between July 2017 and October 2019, Xiao had different degrees of overtime on weekends and statutory holidays, but only received attendance allowances or holiday subsidies ranging from as little as 46.15 yuan and as much as 115.40 yuan. In November 2019, Xiao proposed his resignation to a technology company, and on the same day, the two sides signed a resignation application handover form. The "Reasons for Employee Departure" column of the table shows: "The company did not go to social insurance, the work pressure was high, and overtime pay was not paid." The "Employee Confirmation" column reads: "After explanation, I have been informed of the rights and obligations under the Employment Contract Law, and the current unit has settled my wages, overtime pay, and economic compensation, and I have no other disputes with the unit." I undertake not to assert rights against a technology company or an employing entity for any reason. "There is Xiao's signature at the employee's signature. Xiao recognized the authenticity of the resignation application handover form, but believed that although the "employee confirmation" column in the form was signed by himself, it was not his true meaning, and if he did not sign, a technology company would not let him handle the handover of work, and the content of the column was a way for a technology company to evade legal responsibility. Xiao was dissatisfied with the arbitral award and sued the people's court.
Plaintiff's claim:
Requested a judgment on a technology company and a courier company to pay 82,261 yuan in overtime pay.
Judging Results:
The court of first instance ruled: Dismiss Xiao's claim for overtime pay. Xiao was not satisfied and filed an appeal. The court of second instance changed the judgment: a technology company and a courier company jointly paid Xiao 24404.89 yuan in overtime pay.
Case Study:
The focus of the dispute in this case was whether Xiao had reached a legal and valid agreement with the employer on the payment of overtime pay.
Article 35 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I) (Fashi [2020] No. 26) stipulates: "An agreement reached between an employee and an employer to go through relevant formalities, pay wages, overtime pay, economic compensation or compensation for the termination or termination of a labor contract, etc., does not violate the mandatory provisions of laws and administrative regulations, and there is no fraud, coercion or taking advantage of a person's danger, it shall be found to be valid." "In judicial practice, we should not only respect and protect the agreements signed by the two parties to terminate or terminate the labor contract based on the principle of truthfulness, voluntariness and lawfulness, but also review the authenticity of the agreements that the employees clearly disagree with and involve the protection of the basic rights and interests of the employees, and protect the legitimate rights and interests of the workers in accordance with the law."
In this case, Xiao believed that the "employee confirmation" column of the resignation application handover form was not his true intention, and the content recorded above was inconsistent with the facts. There is indeed a contradiction between the expressions "reason for employee departure" and "employee confirmation" in this table. Neither company provided the agreement reached with Mr. Xiao on overtime pay and other payments and evidence that the above amounts had been paid to Mr. Xiao, and Mr. Xiao denied that the two parties had reached an agreement on the above-mentioned payments and had paid them. Therefore, the employee's confirmation in the resignation application handover form that "the current unit has settled my salary, overtime pay, and economic compensation, and I have no other dispute with the unit" is inconsistent with the facts and cannot be identified as Xiao's true expression of intention. The circumstances of this case did not conform to the provisions of Article 35 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), so the court of second instance upheld Xiao's litigation claim on overtime pay in accordance with law.
typical
significance
In practice, when terminating or terminating a labor contract, some employers will reach an agreement with the employee on overtime pay, economic compensation or compensation. Some employers take advantage of their advantageous position in the subsequent payment of wages, the issuance of resignation certificates, the transfer of files and social insurance relationships, etc., to take the opportunity to disguise the employee to sign the format text provided by the employer, waive the right including overtime pay, or let the employee sign to confirm the fact that the overtime pay has been paid in full without paying the overtime pay in full. Workers often repent afterwards and initiate labor dispute arbitration and litigation. In this case, the people's court finally supported the employee's claim for overtime pay in accordance with the law, which not only safeguarded the legitimate rights and interests of the employee, but also played a good guiding role in the employer's good faith negotiation in the future and protecting the laborer's right to labor remuneration in accordance with the law, which was conducive to building a harmonious and stable labor relationship. When signing relevant agreements, workers should also be familiar with the meaning of relevant terms, prudently sign agreements, and safeguard their rights and interests through legal channels.
Edit: Yu Min