ABSTRACT: Ji, who works as a salesman on the popular comment network (Nanjing) founded by Hanhai Company, appeared one day on an anonymous social software called Friendship Secret.
Original title: public comment staff "sun" wages were dismissed, the company claims 160 thousand yuan.
Source: Modern newsletter editor of all media: Zhang Yu
Modern Express (Reporter Wenting Tang) With the popularity of various social software, many people like to expose their own life on the Internet, including some people expose their own or other people's salary sheets. Ji, who works as a salesman on the Hanhai-based Popular Comment Network (Nanjing), appeared one day with her payroll on an anonymous social software called Friendship Secret. After knowing the situation, the company thought that she had divulged secrets and relieved the contract between the two sides. She felt the payroll was not leaked by herself, so she took the company to court, claiming more than 160,000 yuan in salary and compensation. Recently, the people's Court of Qinhuai District of Nanjing announced the case.
The anonymous wage bill aroused heated debate.
Oct. 8, 2011, a quarter into the public review network, engaged in sales staff, the job as a business development director. In the company's Employment Notice, one line emphasized in capital letters that wages were highly confidential and that employees were not allowed to exchange wage information with each other. Ji and the company signed a "Confidentiality Agreement", which stipulates that if the company does not fulfill the confidentiality obligations stipulated in this article, the company has the right to terminate the labor relationship with Ji and does not need to pay compensation for termination of labor relations. The company's employee manual also stipulates that the unauthorized disclosure of employee personal information is a serious violation of discipline and can be dealt with seriously until the termination of the labor contract.
On December 28, 2014, a partial screenshot of the payroll appeared on the "Friends Secret" which mainly includes three specific figures: the social security payment amount of 493 yuan, the personal accumulation fund payment amount of 368 yuan, the personal income tax (monthly salary) of 5300.64 yuan, without the name of the person and the name of the unit. This payroll has caused netizens to discuss, and we have speculated about actual wages, posts and ranks. Some netizens commented that this is the payroll of the public comment network.
When the company found out, it investigated the matter and found that the payroll was a quarterly payroll for November 2014. The salary mail sent by the system was sent to her mailbox automatically after the system was sent to other mailboxes. At the same time, it is stated in the payroll that the wage information is confidential. Do not communicate with other colleagues or disclose it to others except your colleagues in the Department of Salary and Welfare and your supervisors.
Ji acknowledged that she had the social software on her mobile phone, but later deleted it. I don't know why the payroll was leaked.
The company dismissed her.
The company decided that the leakage of wages is the behavior of a quarter, December 29, 2014, to a quarter of the service "termination of labor contract notice". On the same day, Ji and the company handed over the formalities of resignation, both sides confirmed that the final settlement date is December 29, 2014.
On January 9, 2015, the company convened a complaint meeting to deal with employees'violations of rules and regulations, indicating that there may be doubts that others know the password of a certain mailbox in the quarter, etc., but the company appeals panel negated the doubts through analysis. A week later, the company issued a "notice of termination of the labor contract" and "certificate of resignation" to a quarter again, which recorded the company in January 16, 2015 due to a serious violation of discipline and season termination of labor relations.
On January 23, 2015, Ji applied to the Nanjing Labor and Personnel Dispute Arbitration Commission for arbitration, which issued an arbitration decision a few days later and decided not to accept it.
She claims more than 16 yuan.
A quarter dissatisfied with the result, decided to prosecute to the Qinhuai court. Quarter a request, the company pays January 1 to 16, 2015 half a month's salary of more than 10,000 yuan, and illegal termination of labor contract compensation of more than 150,000 yuan. At the same time, the company is required to correct the reasons for the resignation in the "certificate of separation" and the reasons for the termination of the labor contract in the "notice of termination of the labor contract".
The company believes that according to the staff manual and the "confidentiality agreement" and the relevant content of the employment notice, employees'wages are highly confidential, and the quarter has the obligation to keep and manage personal salary information. Therefore, the company accordingly and a quarter of the termination of labor relations legal, no need to pay compensation for illegal termination of labor contracts.
The court found that the company broke the contract illegally.
Should a company pay half a month's salary? The court held that the labor contract between the two parties was terminated on December 29, 2014. Since then, Ji has not returned to the company to provide labor. Therefore, she claims that the wage court does not support it.
Is it necessary for the company to terminate its employment contract with a quarter? The court held that the posts in the social software were published anonymously, and that the payroll screenshot did not show the name of a company or a quarter. The relevant departments of the company determine that the leak of the payroll is only the analysis and speculation of the company, and there is not enough evidence to prove that it was the act of the company. Therefore, the company rescinds the labor contract with the company according to the leak. The evidence is insufficient, and it is illegal to rescind the payroll compensation for the illegal termination of the labor contract.
For compensation, the court found that the average monthly wage of a 12-month period before leaving office in the quarter was more than 20,000 yuan, which was more than three times the average wage of non-private employees in Nanjing in 2014. Finally, the court found that the company should pay more than 12 yuan compensation for illegal labor contracts. Because the court has found that the company is illegal and the termination of the labor contract, so she asked to correct the reasons for her resignation and dismissal of the labor contract claims do not support.
After hearing the court judgment, the company compensation season of a 12 million yuan.
Both sides lodge appeals.
After the first trial, both sides appealed to the intermediate people's Court of Nanjing. Ji believes that the reason for the termination of the contract is a breach of confidentiality obligations and a serious violation of the rules and regulations of the employer. Such a document will lead to a lower social evaluation of her and require the company to correct. Hanhai believes that the screenshots in the "Friendship Secret" software were issued by Ji Mou's mobile client. Her password was changed on November 24, 2014. Others could not know the new password, so others could be excluded from stealing and distributing it from Ji Mou's mailbox. According to the relevant provisions, the company and a quarter of the termination of labor relations legal, does not need to pay her illegal termination of labor contract compensation.
Is Han Hai company breaking the contract with a quarter? In the opinion of the Chinese People's Court, the content of the E-mail submitted by the company is only waiting for BP (human resource management position) feedback, and the manuals are issued after the lawyer's overall review, which is not enough to prove that the manuals were formulated by the staff congress or the staff and workers through consultation. The company also did not provide evidence to support its claim that human resources staff communicated with the staff, and Ji did not approve of this. Therefore, the relevant evidence provided by the company is insufficient to prove that the manual has been formulated through democratic procedures, so the rules and regulations can not be used as a basis for terminating the labor contract with a quarter. The Secret Agreement signed by the two parties stipulates that confidential information includes information related to economy, planning, marketing or technology. Hanhai claims that employees'salary falls within the scope of the above information and lacks basis.
The court held that although Hanhai Company provided evidence such as investigation report and conversation record, it was only the conclusion of the company's analysis based on the investigation. Ji never admitted that she had released salary screenshots in the circle of "friends and secrets". In addition, the screenshots of "Friends and Secrets" circle only show the amount of social security contributions, the amount of provident fund payment, the amount of personal income tax, but do not show the names of personnel, company names, total wages and other specific information. Although the "Friends and Secrets" circle of friends with the poster users guessed the company and level of the poster, but only others guessed that the poster did not have a positive and accurate response to the poster, so it is not enough to affect the operation of the Hanhai company, nor is it enough to let others know the wage information structure of the Hanhai company.
After the trial, the court dismissed both sides' appeals and upheld the original judgment.
Can we get the payroll online?
In life, we find that many people are drying out payrolls, no matter how many or few. So, can we dry out our payroll?
Xu Yingchao, a lawyer at Beijing Gaopeng (Nanjing) Law Firm, said that, in fact, most companies are reluctant to let their employees disclose their payrolls. Generally speaking, the operating costs of enterprises can be deduced from the taxes paid in the payrolls, involving some complicated problems. If the Company expressly stipulates in the rules and regulations prohibit disclosure, or has signed a confidentiality agreement with the employees directly, the employees can be punished according to the terms once the employees disclose the payroll. However, if the company did not inform the employees of the relevant company system, and then punish the employees according to the system afterwards, it is illegal.
Does the company have the right to have employees sign confidentiality agreements or stipulate in the employee's manual that employees keep their payrolls confidential? Xu Yingchao believes that as long as it is not illegal, it is all right. But generally speaking, the company should make employees sign a confidentiality agreement, which should give employees some compensation. Moreover, such agreements are not mandatory, and are signed voluntarily by both sides. This is also a popular "pay system" in enterprises.
Xu Yingchao says that in many cases, employees need to keep their salaries confidential. If your salary is generally higher than other employees in the same position in the department, it may cause other colleagues to exclude you. Pay secrecy, to a certain extent, is also the protection of employees' personal rights and interests. If the salary is open and transparent, employees will inevitably compare with each other, there will be psychological imbalance, it is easy to cause internal contradictions. Through the pay secrecy, we can avoid contradictions and disputes brought about by this comparison.
"I personally advise against drying out payrolls because it involves not only company information, but also personal information." Xu Yingchao said. (characters in the article are alias except lawyers).
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