（1） Case Introduction

In December 2021, Company A joined Company B as a full-time teaching instructor, and both parties signed a labor contract agreeing on a monthly salary of 7920 yuan. In November 2023, the company arranged for Li Yilin to sign a new labor contract with Company C under the pretext of improving internal control and adjusting the main body. The position, work location, and job content did not change, and the original company did not pay any economic compensation.

After the change of employment subject, the two companies have long deducted a large amount of salary from Unit A every month on the grounds of "not completing class tasks", resulting in a cumulative deduction of more than 28000 yuan in salary difference. On May 6, 2024, A went to the live broadcast room in the morning to prepare for classes, but did not clock in in in time. Afterwards, A submitted a card replacement application and it was approved by the leadership. On June 5, 2024, Company C directly issued a notice of termination, unilaterally dismissing the employee on the grounds of "false clock in and serious violation of discipline", and did not specify the complete factual basis for termination.

A applied for labor arbitration, and the arbitration commission ruled that the two companies should pay the wage difference and overtime pay respectively, and C should pay a compensation of 63000 yuan for illegal termination. Two companies are dissatisfied with the arbitration decision and have filed a lawsuit with the Haidian District People's Court in Beijing, requesting that they not be required to bear all the expenses. Jia then entrusted Lawyer Fu Duo from Beijing Rude Law Firm as his representative to appear in court and respond to the lawsuit.

（2） Lawyer intervention

Graduated from the Law School of Heilongjiang University, passed the national unified legal professional qualification examination with high scores, has a solid theoretical foundation in law, and rich practical experience in law. Since practicing, I have focused on civil and commercial litigation business, specializing in contract disputes, corporate legal counsel, labor disputes, infringement liability disputes, and other fields. Independently handling multiple litigation cases, overseeing the entire process from case analysis, document writing to court debates, and accurately safeguarding the rights and interests of the parties involved; At the same time, we provide legal services such as contract review, risk prevention and control, and compliance management to assist enterprises in standardizing their operations. Adhere to a rigorous, meticulous, diligent and responsible professional attitude in work, be good at listening to needs, accurately grasp legal points, and win wide recognition from parties with professional and efficient services. Adhere to the professional ethics of lawyers and strive to fight for the maximum legitimate rights and interests of clients within the legal framework.

（3） Case handling process

During the trial, two companies raised their respective defenses: Company B claimed that both parties signed a "Termination of Labor Contract Agreement", which stipulated that there were no labor disputes and no need to pay wages; Company C claims that Li Yilin's false clock in constitutes a serious violation of discipline, and the legality is revoked. The deduction of class fees is due to the failure to complete the class hours.

Lawyer Fu Duo refuted in court one by one: Regarding the "Termination Agreement": at the time of signing the agreement, the salary for October to November 2023 had not been settled, and the agreement could not cover the unsettled salary. The company still needs to make up for the salary difference;

Regarding the deduction of class hours: If the employer claims a reduction in labor remuneration, they should bear the full burden of proof. If the two companies fail to submit complete evidence confirming the class hours and deduction notification, they should bear the consequences of the inability to provide evidence;

Regarding illegal termination: The application for a replacement card by Party A has been approved by the leadership, and the company only provides a screenshot of a single time of arrival, without a complete attendance and disciplinary determination process, which is not sufficient to determine serious disciplinary violations; At the same time, if the two companies are affiliated employees, the length of service should be continuously calculated from December 2021, and the compensation should be recalculated.

At the same time, the lawyer clarified that neither party has filed a lawsuit against the arbitration overtime pay award, and the court should directly confirm the obligation to pay overtime pay.

（4） Case outcome

         The court fully adopted the opinion of Lawyer Fu Duo from Rude Law Firm and made a first instance judgment: Company B shall pay a salary difference of 7396.55 yuan; Company C shall pay a salary difference of 21054.25 yuan and overtime pay on rest days of 2759.54 yuan; Company C paid compensation of 55652.66 yuan for illegal termination of the labor contract; The total amount is 86863.99 yuan.

（5） Lawyer's reminder

1. Contract renewal for affiliated enterprises, with continuous calculation of length of service

The employer arranged for the employee to change the contracting party due to the adjustment of the main body, but the position and work location remained unchanged and no economic compensation was paid. The employee claimed that the length of service should be combined to calculate the compensation, and the court should support it. Workers must retain evidence such as work group notifications and records of salary splitting and distribution.

2. When a company deducts salary, the burden of proof lies entirely with the company

Units deducting wages on the grounds of incomplete performance or class hours must provide mutually confirmed assessment standards, class hour verification records, and deduction notification vouchers; Without complete evidence, it constitutes unjustified deduction, and the employee has the right to recover the entire wage difference.

3. The company unilaterally dismisses due to disciplinary violations, and the evidence needs to form a complete closed loop

A single attendance screenshot alone is not sufficient to determine a serious violation of discipline. It is necessary to provide supporting work records, disciplinary notices, approval processes, and public records of rules and regulations; After the employee's card replacement is approved by the leadership, the company shall not dismiss them on this grounds afterwards.

4. Termination of the agreement cannot conceal outstanding labor remuneration

When signing a termination agreement for labor relations, if the monthly or previous wages have not been settled, the "no dispute" clause in the agreement cannot resist the claim of unpaid wages by the employee.