Wage Payment Dispute Involving a Trading Company in Xiamen

Case Summary

Plaintiff Wang joined Defendant Xiamen Certain Trading Co., Ltd. as a Sales Supervisor on 2023/1/1. The parties entered into a written labor contract specifying a monthly base salary of 10000 yuan plus sales commissions, with wages paid monthly on the 15th day for the preceding month. Starting in 2023/10, Defendant began withholding Plaintiff's wages. As of 2024/3, Defendant had accumulated unpaid wages and sales commissions totaling 86000 yuan. Despite multiple demands by Plaintiff, Defendant delayed payment under various pretexts. On 2024/4/10, Plaintiff resigned due to the unpaid wages and filed a lawsuit seeking payment of the outstanding wages and commissions totaling 86000 yuan, as well as economic compensation for the delayed wages amounting to 21500 yuan.

Key Dispute

1.Whether the defendant owes the plaintiff wages and sales commissions.

2.Is there factual basis for the unpaid wages claimed by the plaintiff?

3.Does the plaintiff's claim for economic compensation for unpaid wages comply with legal regulations?

Case Strategy

1.Fixed-term written labor contracts, pay slips, sales performance records, commission calculation rules, payslips, resignation applications, and communication records between both parties as core evidence

2.Provide evidence that the defendant owed the plaintiff wages and sales commissions totaling 86000 yuan for the period from 10 of 2023 year to 3 of 2024 year. The facts are clear and the evidence is sufficient.

3.Demonstrate that, in accordance with the Labor Contract Law, if an employer fails to pay labor remuneration in full and on time, the employee may terminate the labor contract, and the employer shall pay economic compensation.

4.The plaintiff's claimed economic compensation is calculated based on 1 years and 3 months of service, equivalent to 1.5 months' wages. With a monthly average wage of 10000 yuan, the total amounts to 15000 yuan. Additionally, pursuant to the Labor Contract Law, where an employer fails to pay wages in full, it shall pay additional compensation ranging from 50% to 100% of the amount owed. The plaintiff's claim of 21500 yuan complies with legal provisions.

Processing Result

The court ruled that Defendant Xiamen [Name] Trading Co., Ltd. shall, within ten days from the effective date of this judgment, pay Plaintiff Wang the unpaid wages and sales commissions totaling 86000 yuan, along with economic compensation for unpaid wages of 21500 yuan, amounting to a total of 107500 yuan; Defendant shall bear all litigation costs in this case.

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