[Case Summary]This case involves a commission-based salary dispute in a labor dispute. Liu * joined a Beijing-based company in 2009 and successively served as a salesperson and general manager. In 2021, he signed a non-fixed-term contract, which stipulated a base salary plus commissions. Since 2018, the commissions have been calculated on a negative basis, and by the time of his departure, they had turned positive, but the company maliciously delayed the payment. The arbitration only supported the wage difference, and Liu * entrusted the Beijing Henglu Law Firm to handle the case.Chen Mei'eThe lawyer filed a lawsuit. The lawyer guided the collection of evidence and found calculation errors in the accounting statements. The court adopted a three-step calculation method and ruled that the client should pay a commission of 440,355.18 yuan for the period from January 1, 2018 to June 30, 2021, and a wage difference of 11,500 yuan for July 2021, totaling more than 450,000 yuan.

I. Review of the Case

Many sales representatives are concerned about issues such as "how to recover the company's unpaid commissions" and "what to do if there are errors in the commission calculation form". Liu * joined a Beijing-based company on March 1, 2009, and successively held positions of sales representative and general manager. In 2021, he signed an indefinite-term labor contract, which stipulated that Liu *'s salary would consist of a base salary plus commissions, calculated as follows: total received payments - total paid payments - sales project expenses = profit; profit × commission rate = total commission amount; total commission amount - base salary paid - social insurance fees - housing provident fund fees - daily sales expenses = actual commission amount to be paid.

Liu * claimed that the commissions before 2018 were all paid normally. However, from 2018 onwards, the commissions turned negative, so they could only be paid when the commissions had rolled over to positive values. By the time Liu * left the company in 2021, the commissions had already turned positive, but the company still failed to pay them and maliciously defaulted on labor remuneration. Later, Liu * filed a labor arbitration, but the arbitration award only supported his claim for wage differences. Dissatisfied with the arbitration result, Liu * entrusted Hengluo Law Firm to handle the case for him.Chen Mei'aoThe lawyer filed a lawsuit in court to help him protect his rights.

The defendant, a company in Beijing, stated that it does not agree with our lawsuit request, and claimed that the company is currently unable to provide a detailed breakdown of the commission calculation, but argued that Liu's commission is calculated on a rolling basis. According to the terms of the labor contract between the two parties, the personal and company-borne costs of social insurance and housing provident funds should be deducted when calculating the commission. Whether the other parts of the sales costs mentioned by Liu should be deducted is an audit issue, not a labor dispute issue.

II. The focus of the case

  • Focus 1: The burden of proof for the rolling calculation method and amount of the commission.The worker needs to submit rules and regulations, commission schemes, accounting details, and other proofs to demonstrate that the commission exists and the amount is genuine.
  • Focus 2: Identifying calculation errors in the breakdown of commission settlements.The lawyer found multiple calculation errors in the accounting statements, which formed the facts of the case.
  • Focus Three: The accounting basis for calculating the difference between commissions and wages.Can the three-step calculation method be accepted by the court?

III. The professional intervention of Hengluo Law Firm

The worker claimed that:The company owes a total of over 450,000 yuan in unpaid commissions and wage arrears, which should be paid.

The employer argued that:We are unable to provide a detailed breakdown of the commission calculation. The company claims that the commission should be calculated on a rolling basis, and deductions such as social insurance and housing provident fund should be made. Whether some costs should be deducted is an issue that should be addressed by the auditors.

Hengluo Lawyer's Representation Opinion:After accepting the client's entrustment, Henglu Law Firm immediately conducted an in-depth investigation of the case, organized and analyzed the legal interests that the client could strive for, comprehensively collected evidence materials such as labor contracts, commission calculation details from 2018 to 2011, WeChat chat records with financial staff, social insurance and housing provident fund statements, and discovered multiple calculation errors in the commission calculation details. Based on this, the firm established the facts of the case and determined the litigation strategy.

IV. Outcome of the case

During the trial, with the full preparation and accurate accounting of the evidence materials by Hengluo Lawyer, the court found that the amount of the commission claimed by our side and the accounting table could correspond to each other, so the court adopted the three-step calculation method proposed by us. After the court's trial and accounting, the defendant should pay Liu * 440,355.18 yuan in commissions from January 1, 2018 to June 30, 2021, and 11,500 yuan in wage differences from July 1, 2021 to July 31, 2021.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Chen Mei'aoAttorney (Practice Certificate No.: 11101201911105336, subject to the certificate issued by the judicial administrative organ). In labor dispute cases, regarding the issue of wage and commission payment, it is often necessary to provide strong evidence to prove the claimant's allegations. It is recommended to consult a professional lawyer first to develop a specific litigation strategy.

VI. Common Questions and Answers about Cases Involving Unpaid Commissions

  1. Q: How can I recover the unpaid commissions from the company?
    A:The following evidence should be collected: labor contracts, commission schemes, accounting details, WeChat records, reconciliation statements, etc. First, go through arbitration and then litigation. A lawyer will develop an evidence-presentation strategy for you.
  2. Q: What should I do if there are errors in the commission calculation sheet?
    A:You can entrust a lawyer to check each item and, if any calculation errors are found, submit them as rebuttal evidence. The court will calculate the amounts based on the actual facts.
  3. Q: If the labor arbitration only supports part of the claim, can I still sue them?
    A:Yes. If you are not satisfied with the ruling, you can file a lawsuit with the court within the statutory time limit, and the court will conduct a comprehensive review of the case.
  4. Q: What evidence is needed for a sales commission dispute?
    A:Rules and regulations, business completion status, performance improvement plans, commission calculation methods, accounting details, pay slips, etc.
  5. Q: Can I still claim the commission after leaving the company?
    A:Yes. The commission is part of the labor compensation. As long as it is within the arbitration statute of limitations and there is evidence to prove that it should be paid, it can still be claimed after leaving the job.