Employee Awarded CNY 2625.2 in Wage and Overtime Dispute
A labor dispute between Mr. Chen and his former employer has been resolved by a court in Southern China City. The court ordered the company to pay outstanding wages and overtime compensation totaling CNY 2625.2 for the period from August 1 to September 14, 2011, while dismissing the employee’s other claims including double wages for lack of a written contract, holiday overtime pay, and severance for termination.
Mr. Chen started working as a general worker at the defendant company on June 16, 2011. The parties signed a written employment contract valid from June 15, 2011 to June 14, 2012. Mr. Chen claimed the company failed to pay wages for August and the first half of September, owed overtime premiums for weekday and holiday hours, and sought double wages for an alleged unsigned contract plus economic compensation for the termination of the relationship. The employer argued that a contract was signed on Mr. Chen’s first day, that he had been dismissed for three consecutive days of unauthorized absence, and that his monthly salary already included overtime pay.
During the hearing, the court reviewed written evidence submitted by both sides, including the employment contract, attendance records, wage slips, and the arbitration award previously issued by the local labor arbitration committee. Mr. Chen confirmed his signature on the contract but claimed he had signed a blank sheet. The company presented its attendance logs showing Mr. Chen worked 22 regular days and 40 overtime hours in August, and 10 regular days with 20 overtime hours in September. The court noted that the employer did not challenge the arbitration award calculating wages at CNY 2625.2, and therefore accepted that figure as the proper amount.
The court found that the employer was obligated to pay Mr. Chen for all hours actually worked. Using the statutory formula based on a minimum monthly wage of CNY 1320, the court calculated regular wages and overtime at 1.5 times the normal rate, arriving at a total consistent with the arbitration award. However, the court rejected Mr. Chen’s request for an additional supplement of CNY 850 for an alleged shortfall below the minimum wage and another CNY 500, finding no supporting facts or legal basis.
On the issue of holiday overtime pay, the court held that Mr. Chen failed to provide any evidence that he worked on statutory holidays during the relevant period. Likewise, regarding the claim for double wages for an unsigned contract, the court noted that Mr. Chen had admitted his signature on the contract document. Since he offered no proof that the document was blank when signed, the court applied the principle that the party making an assertion bears the burden of proof. The court also found that Mr. Chen voluntarily left the company on September 14 after complaining about low wages and long hours, and the employer’s subsequent dismissal for absenteeism did not entitle him to severance pay under the law.
In summary, the court issued a judgment ordering the defendant company to pay Mr. Chen CNY 2625.2 in wages and overtime within three days of the judgment becoming effective, and dismissed all other claims. The court also imposed a nominal case acceptance fee of CNY 5 on the employer. This case illustrates that employees must present clear evidence to support claims for additional compensation, while employers remain liable for documented hours worked even when a contract is in place.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.