Brief of the case

  Wang Baiyun sued that he had entered the company since November 2023, and the Blue Sky Company arranged him to be a waiter in a restaurant with a monthly salary of 4,500 yuan, and Wang Baiyun worked until May 2024. Blue Sky still owes 12,862.68 yuan unpaid wages, so the appeal to the court to make the above appeal.

  Blue Sky Company argued that the company recognized that the amount owed was 12,862.68 yuan, but Wang Baiyun had already resigned and could only review and withdraw money in stages of 1,000 yuan per payment in accordance with the rules of the platform it operated.

Court hearing

  The court found the facts as follows: In November 2023, Wang Baiyun confirmed the labor work with the Blue Sky Company, and the Blue Sky Company arranged him to work as a waiter in a restaurant, and the two parties negotiated and confirmed the labor fee of 4,500 yuan/month, and the actual amount of the hand was about 4,100 yuan.

  In May 2024, Wang Baiyun asked the operating staff of Blue Sky Company why the withdrawal was not approved, and the operating staff of Blue Sky Company said that they wanted to ask the  finance. In the same month, Wang Baiyun resigned from the restaurant and repeatedly asked the operating staff of Blue Sky Company for money through wechat.

  In July 2024, Wang Baiyun settled in the personnel service center system of Blue Sky Company, the account amount was 13,862.68 yuan, and the withdrawal amount was 13,862.68 yuan. The withdrawal instructions are that the withdrawal, advance, etc., are only approved and received on working days. Wang Baiyun said that the application for withdrawal in the system requires the approval of the Blue Sky company to withdraw cash, but the Blue Sky company has not approved in time.

  In the pre-court meeting, Blue Sky Company submitted to the court its background system export details, showing the balance of 12,862.68 yuan in Wang Baiyun's account. Wang Baiyun recognized that after he submitted the complaint in this case, Blue Sky Company paid 1,000 yuan in July 2024, and the balance of 12,862.68 yuan has not been successfully withdrawn.

Upon inquiry, Wang Baiyun's salary settlement is operated on the platform operated by the Blue Sky Company, and he does not claim arrears to the shops that actually provide labor work; He applied to the labor arbitration agency for arbitration, but was not accepted.

  The court held that the available evidence showed that Wang Baiyun had completed the labor work in accordance with the contract and enjoyed the right to claim labor compensation. After Wang Baiyun resigned from the restaurant, her labor fee was transferred to the system operated by Blue Sky Company. Although Blue Sky Company recognized the unwithdrawn amount, it claimed that the withdrawal should not exceed 1,000 yuan each time according to its system platform, and it did not submit evidence for this, nor did it give a reasonable explanation for the audit and withdrawal matters. Now Wang Baiyun does not agree with the withdrawal plan, so the blue Sky company's defense opinion is not accepted by the court. Blue Sky Company in Wang Baiyun repeatedly urged the withdrawal, still failed to review the withdrawal in time, should be a breach of contract, should be liable for breach of contract. Wang Baiyun's lawsuit request for the Blue Sky company to pay 12,862.68 yuan of labor fees has factual and legal basis, and the court supports it. The court finally made the decision.

Judge's statement

  Platform economy enables labor work through "Internet +". In the process of labor management, it reduces the management cost and financial cost of the employer. At the same time, it can gradually achieve fine management for the worker, which has a positive effect on the cost reduction and efficiency increase of the enterprise, but it cannot become an obstacle to the normal income of the worker.

  In labor relations, workers often pay attention to three aspects: work content, assessment, labor costs. Before the formal employment, the two sides have made a clear agreement on the work content, and there is little dispute in the process of contract performance. The assessment mainly involves the length of working hours provided by the labor service, the reward of full attendance assessment, and the deduction of fees for poor assessment, which is reflected as "workers' clocking + employer verification". The assessment data are often grasped by the employer, and it is easy to become the focus of dispute. The evidence provided by the workers in this respect often relies on the evidence retained on the assessment information in the process of providing labor service. Labor fee is reflected in the composition of labor fee calculation, and the common composition includes "labor fee = unit price × service time", "labor fee = unit price × completed workload", "labor fee determined by one price" and other methods, which are often the focus of disputes between the two parties, and the disputes mainly focus on the total price, single piece, service time, evidence of completed workload, and the completion of work does not meet the requirements.

  In this case, although the platform operated by the employer claims that the withdrawal application should be submitted in accordance with the withdrawal rules of the platform, and the withdrawal should be reviewed by the platform after each withdrawal does not exceed 1,000 yuan, the employer has not provided relevant evidence of the withdrawal rules, nor has it made a reasonable explanation for its failure to approve the withdrawal in time. Therefore, the employer's unilateral oral withdrawal rules can not hinder the reasonable reason that the worker should get remuneration, so the court supports the worker's lawsuit request. It can be seen that when workers manage their services through the platform, they should pay attention to the retention of evidence of key contents such as the employer's usual attendance, the unit price of labor, and labor fees, and should timely raise objections to unreasonable terms and rules to avoid damage to their rights and interests.

  This article is transferred from the "Beijing Haidian Court" wechat public number, thank you!