Mr. Zhao said that he went to this company to apply for sales in late March. When he first joined the company, he told himself that 3,000 yuan was guaranteed and his commission was increased. However, in mid-April, he was suddenly discouraged by the person in charge of the company, thinking that he should be paid after working for more than 20 days, so he contacted the company's finance. After getting the paycheck, he actually owed the company 3280 yuan.
On the one hand, the company explained that 980 yuan was deducted from the group dynamics, 300 yuan was deducted from the work report, and 2,000 yuan was deducted from the number of people who added WeChat. It is reported that the company requires to publish 50 pieces of news every month and add 10 friends every day, with no less than 10 pieces of news every day and a summary of no less than 50 words.
In fact, the KPI index of the company involved is quite detailed, which obviously plays a certain role in improving the enthusiasm of salesmen and preventing them from fishing. However, no matter how detailed the indicators are, they cannot violate the provisions of the law.
Is the relationship between Mr. Zhao and this sales company cooperative or labor contract? Different legal relationships mean that different laws are applied and bring different legal consequences.
In this case, Mr. Zhao applied to join the sales company and accepted the leadership, management and assessment of the company. Therefore, the relationship between the two parties should be a labor contract, even if it is the first month of probation, it is still a labor contract relationship. Then as an employer, it should establish a written labor contract relationship with the laborer in accordance with the provisions of the Labor Contract Law, and as an employer, it has no right to deduct the wages of the laborer without authorization.
Only when the employee intentionally or negligently causes losses to the company or others, the company has the right to recover from the employee after compensation, but even if the compensation is recovered, it cannot be lower than the local minimum wage. In this case, it is obviously an illegal act for the employer to deduct Mr. Zhao's salary, so Mr. Zhao has the right to complain to the local labor inspection department or go to labor arbitration.
In fact, if the employer not only deducts the wages of workers, but also refuses to pay unpaid wages on this ground, and according to the provisions of the Labor Contract Law, workers have the right to ask the employer to pay economic compensation, then they can not only ask for wages, but also ask for compensation.
In fact, from the company's point of view, the implementation of strict KPI indicators is beneficial to the company's performance, but it should also be noted that in the formulation and implementation, the legitimate rights and interests of workers should be protected from infringement, rather than thinking about one thing.
What do you think of this case?