Recently, with the dust settled in the case of seven couriers in Nanning, this professional dispute finally came to an end. Courier: I can't bear to sue for "unfair" resignation. On October 20 13 10, 28-year-old once applied for delivery service in Nanning Tengda Ronglian Express Service Co., Ltd. (hereinafter referred to as Tengda Company) and paid a deposit of 3,000 yuan. However, the company did not sign a labor contract with Zeng, but signed a distribution cooperation agreement. Until March of 20 14, it was found that this job was not only open all year round, but also arranged for him to work overtime on legal holidays and weekends all year round, and the company never paid social insurance for him, even the terms in the distribution cooperation agreement signed with him only guaranteed the company's interests. Coming and going in the rain every day, Zeng, who earned more than 2000 yuan a month, became more and more angry and decided to quit the job.
In April of 20 14, labor arbitration was filed, demanding payment of economic compensation of RMB 3,000 yuan for the termination of the labor contract, annual leave salary of RMB 1839 yuan, overtime pay on rest days of RMB 1 17 days * * 19000 yuan, and overtime pay on legal holidays. First instance: the company should "pay the bill" for employees to work overtime. After that, the labor arbitration department only supported Zeng's application for the wage difference of 2 100 yuan, the economic compensation for the termination of the labor contract of 3,000 yuan and the loss of unemployment benefits of 5,040 yuan. Zeng sued the company to the Jiangnan District People's Court in Nanning.
The court of first instance held that Zeng resigned because the company failed to pay social insurance premiums for him, and the company should pay economic compensation to Zeng according to regulations; Secondly, he advocated overtime pay on rest days and legal holidays, and provided a large number of delivery records. After investigation by the court, it has been confirmed that the company's delivery personnel must deliver goods on other rest days and legal holidays except New Year's Eve to the fourth day of the first month. In this case, the company should pay overtime to those who have worked overtime on rest days * * * 1 17 and 8 days on legal holidays.
Although the company argued that the distribution cooperation agreement signed by both parties was a labor contract, the court held that the agreement could not be equated with a labor contract, so the company should pay Zeng twice the wage difference.
The court of first instance ruled that the company not only returned the deposit of 3,000 yuan to Zeng, but also paid him economic compensation of 3,000 yuan for the termination of labor relations, rest day salary of 1.9 million yuan, statutory holiday salary of 2,207 yuan, double salary difference of 20,000 yuan for not signing a written labor contract and unemployment insurance loss of 5,040 yuan.
Second instance: the courier company should apply for a comprehensive working hour system. Later, the company refused to accept the judgment and appealed to the Nanning Intermediate People's Court (hereinafter referred to as the Intermediate People's Court). The Intermediate People's Court held that the nature of the work in the express delivery industry was rather special. According to social experience, it is really difficult for employers to conduct daily attendance and daily management of couriers. General couriers arrange their own working hours after receiving goods every day, and the labor remuneration is linked to the delivery volume of couriers.
For this kind of work, the employer should implement the flexible working hours system or the comprehensive working hours system. Otherwise, even if the nature of the work in this industry is special, the standard working hours system should be implemented in accordance with the provisions of the labor law. Those who exceed working hours should be counted as overtime hours, while referring to the regulations on working hours of employees in the State Council, Saturday or Sunday should be a legal rest day in the general sense.
In addition, the Intermediate People's Court held that the employer in this case did not sign a labor contract with the laborer, but evaded the legal obligation to sign a labor contract in the form of a distribution cooperation agreement, which would complicate the issue of whether the two parties confirmed the existence of labor relations in the event of a dispute.
Therefore, the original judgment was upheld except that the Intermediate People's Court corrected the amount of overtime pay on rest days and legal holidays in the judgment of first instance. That is, the overtime pay that the company should have paid on rest days should be changed to more than 4,543 yuan, and the overtime pay on legal holidays should be changed to more than 1.242 yuan.
Lawyer: Less than 10% of express delivery companies implement the comprehensive working hours system, and once took the company to court with six former colleagues, involving multiple compensations totaling 3 1 10,000 yuan. After the judgment of the first instance and the second instance, the Jiangnan District Court of Nanning made the courier company take the initiative to reach a settlement with the workers by forcibly deducting the deposit, and finally recovered the hard-earned money of 365,438+/kloc-0.0 million yuan for seven couriers. Hu Liyan, the attorney of these seven lawsuits and lawyer of Guanghe Law Firm, talked about her own views on the irregular employment methods in the express delivery industry.
Lawyer Hu said: "It is unreasonable to delay overtime on weekends when employing workers according to the standard working hours system, and the courier company in this case even tried to cover up the labor relationship between the two parties with the distribution agreement."
Lawyer Hu believes that according to the particularity of the express delivery industry, it should not be calculated according to the standard working hours system, but according to the comprehensive working hours system of nurses, pilots, pilots and other occupations, for example, the working hours per week should not exceed 40 hours. However, according to Mr. Hu's understanding, changing the working hours system requires the employer to file with the labor administrative department. At present, less than 10% of the express delivery enterprises in Nanning implement the comprehensive working hour system, so this aspect needs to be improved.
Lawyer Hu said that it is gratifying that Tengda Company in this case is already changing its employment methods.
Related reading-How to calculate the salary of SF Express?
What is the salary of SF Express? SF should be the highest average wage in the country. But in this scoring area, even in Shenzhen, some couriers are around 10000 a month, and the lowest is around 3000. Especially in the business district, wages may go up. Similarly, in Shanghai, you can also see the region and the diligence of the courier himself. SF Express couriers usually work about 13 hours and earn10.2 million a month.
Some netizens who have worked in SF told me that SF pays one month's salary like ordinary enterprises, that is, last month's salary this month. Basically every company is like this. SF Express is more formal, and the courier pressure may be higher than other companies. As for the treatment, the courier knows how to eat the commission, which has a lot to do with your district.
It's not that easy to do express delivery. Express delivery is different from those sales. To realize the salary of 654.38+200,000:
1, hardworking. 5% of people can't go anywhere, let alone express delivery.
2. Personal courage. 5%, including popularity, contacts, eloquence, social experience, flexible mind, giving people the first impression, service attitude and so on.
3. experience. 5%, at least you have to know this line and be familiar with the business.
4. Where is the courier company? It accounts for 15%. This is only for couriers like SF Express, which is linked to the following luck, because SF Express takes a high-end professional express route, and there are some other special routes. Only these express delivery can meet the needs of some customers.
5. luck. 70% is not that the salary of going to SF Express is higher than that of other express delivery, nor that the salary of going to small express delivery is less. The most important thing is to see whether your area is good or not, or whether there are potential customers with large shipments in this area. Some customers are easy to do, and some come to you or your company by themselves. No matter how good your company is, your service is good, and your ability is strong, what's the use if there are no more delivery customers in your area? Do you think you are so arrogant that you are called around for a piece of the action? Take one here and two there. How high can your salary be? You still have to send one with a receipt. Even if the leg runs dizzy, it can't do tens of thousands.