[Case Summary]This case involves a second-instance dispute over labor disputes. S* and ** Company had a dispute over the difference in performance bonuses and unpaid annual leave wages, etc. The labor arbitration and the first-instance court only partially supported S*. S* entrusted Beijing Henglu Law Firm to handle the case.Feng NaThe lawyer represented the client in the second-instance appeal, with the core disputes being whether S's salary standard included performance bonuses and whether the two parties had agreed on a 13th month's salary. The applicable legal provisions are the relevant provisions of the Labor Law of the People's Republic of China. The second-instance court adopted the lawyer's opinion, revoked some of the first-instance judgments, and ruled that ** Company should pay S a performance salary difference of 24,946.55 yuan, unpaid annual leave salary of 19,613.79 yuan, and welfare salary of 3,750 yuan.

I. Review of the case facts

Salary disputes often involve searches for phrases like "What to do if performance bonuses are not paid", "How to calculate unpaid annual leave wages", "Should the 13th month's salary be paid", and "Can I appeal after labor arbitration?". S某 joined ** Company on May 19, 2021, and his position was a hardware engineer. His labor contract was valid until May 18, 2022, and terminated upon expiration. During his probationary period, S某's total monthly salary was 20,000 yuan, and after being confirmed, his salary consisted of a base salary of 20,000 yuan, position allowances, performance bonuses, and subsidies. S某 worked until May 24, 2022, and his actual monthly salaries from December 2021 to April 2022 were 14,000 yuan, 12,000 yuan, 16,000 yuan, and 16,000 yuan, respectively. During his employment, he did not take paid annual leave. The company argued that there was no clear agreement on performance bonuses and other welfare subsidies, that bonuses were paid based on company performance, and that the salary standard should be the base salary of 20,000 yuan, with no 13th month's salary.

S某 filed a labor arbitration, and the arbitration only supported a wage difference of 26,000 yuan and an unpaid annual leave salary of 16,551.72 yuan; the first-instance court upheld the arbitration. S某 was not satisfied with the ruling and entrusted Henglue Law Firm to handle the case for him/her.Feng NaThe lawyer filed an appeal.

II. The focus of the case

  • Focus 1: Does S's salary standard include performance-based pay?The lawyer used the labor contract and pay slips to prove that the salary includes performance-based compensation, and the company cannot deduct it without a valid reason.
  • Focus 2: Have the two parties agreed on the 13th month's salary?The lawyer pointed out that there was not enough evidence to prove the existence of the "thirteenth month's salary", and the court did not support this claim.
  • Focus 3: Determination of the amount of unpaid annual leave wages and welfare wages.After reviewing the evidence in the second instance, the court supported the claims for the performance bonus, the unpaid annual leave salary, and the welfare salary.

III. The professional intervention of Hengluo Law Firm

The appellant (S某) claimed that:S** requests to revoke Items 3 and 5 of the first-instance judgment and to order ** Company to pay the performance wage difference of 26,264.84 yuan, the welfare wage of 3,750 yuan, the thirteenth month's salary of 23,700 yuan, and the unpaid annual leave wage of 22,046 yuan.

The respondent (** Company) argued that:The company agrees with the judgment of the first instance, but does not agree with the appeal request and reasons put forward by S*.

Hengluo Lawyer's Agency Opinion:Feng NaThe lawyer collected and submitted evidence such as the performance evaluation form for March 2022, the audio recordings of S's conversations with the company's finance department and Hao, and the arbitration transcripts, to prove that the company implemented a performance scoring system but failed to make it public, and that it could not deduct wages without justification. The arbitration transcripts showed that the company acknowledged the authenticity of the pay slips, which clearly stated that there was a performance-based salary every month and that 20% of the performance-based salary had not been paid. The lawyer pointed out that although the labor contract did not explicitly stipulate the amount of performance-based salary and welfare subsidies, the contract did stipulate that after becoming a regular employee, the salary would include a base salary of 20,000 yuan, position allowances, performance-based salary, and subsidies. The pay slips also confirmed that this included performance-based salary.

IV. Outcome of the case

The second-instance court adopted the main arguments of Hengluo Law Firm and ultimately ruled: to uphold the first, second, and fourth items of the first-instance judgment; to revoke the third and fifth items; and to order ** Company to pay S * the performance wage difference of 24,946.55 yuan, the unpaid annual leave wage of 19,613.79 yuan, and the welfare wage of 3,750 yuan within 15 days. The court held that the pay slips provided as evidence included basic wages, allowances, subsidies, and performance wages, and did not accept the company's appeal claims. Since the company failed to provide evidence of the performance evaluation during the litigation period, it was confirmed that S *'s basic wage before being promoted was 20,000 yuan, and after being promoted, it included a basic wage of 20,000 yuan, a meal allowance of 400 yuan, a communication subsidy of 150 yuan, a transportation subsidy of 300 yuan, and a performance wage of 2,850 yuan. After calculation, the unpaid annual leave wage should be paid in the amount of 19,613.79 yuan; the welfare wage exceeding the statutory standard was supported; and the thirteenth month's salary was not supported due to insufficient evidence.

5. Henglu Law Firm's Advice

This case is being handled by Attorney Feng Na of Beijing Henglu Law Firm (practice license number: 11101202211562923, subject to the certificate issued by the judicial administrative authority). Pay slips, performance evaluation forms, audio recordings, and arbitration transcripts can prove that the salary includes performance-based wages, and the employer cannot deduct wages without justification. The salary structure specified in the labor contract and pay slips is key to determining the wage standard; claims for the 13th month's salary require sufficient evidence. If you are not satisfied with the results of the arbitration or first-instance trial, you may appeal in accordance with the law.

VI. Frequently Asked Questions about Labor Dispute Cases

  1. Q: Is it legal for the company not to pay performance bonuses?
    A:It's illegal. If the labor contract and the pay slip prove that the salary includes performance-based compensation, and the company implements a performance-based compensation system but fails to publicize it, or deducts the salary without justification, the company should bear the responsibility to pay the salary.
  2. Q: How is the unpaid annual leave salary calculated?
    A:The employer shall pay the employee 300% of their daily wage income (including the wages already paid) for the number of days of annual leave that the employee should have taken but did not take. The specific payment shall be based on the employee's salary structure and the calculation during their employment period.
  3. Q: Is it necessary to pay the 13th month's salary?
    A:There must be a clear agreement in the contract or system; if there is no sufficient evidence to prove that the two parties have agreed on the 13th month's salary, the court will generally not support it.
  4. Q: Can I still appeal if I lose the labor arbitration case?
    A:If you are not satisfied with the arbitral award or the first-instance judgment, you may file a lawsuit or appeal to the people's court within the statutory time limit.
  5. Q: How to provide evidence of the wage standard?
    A:You can submit labor contracts, pay slips, bank statements, performance appraisal forms, audio recordings, and arbitration transcripts, etc., to form a complete chain of evidence to prove the composition of the salary.