Former Tencent employees recovered 13 million yuan overtime, wage difference, etc., the court sentenced

Source: Red Star News

"After receiving the second trial judgment on July 22, Tencent must pay me a year -end award difference of 90,765 yuan."

Red Star News recently learned from Mr. Yan, a former employee of Tencent and "because he was resigned as a parties for less than 8 hours a day". The annual year -end award difference is 90,765 yuan. At the same time, Mr. Yan said that he was not satisfied with the results of the judgment. In the later period, he may submit a retrial application to the Guangdong Higher People's Court.

The relevant parties of Tencent responded to Red Star News that the former employees had seriously violated labor discipline and rules and regulations due to their long -term performance and behavior of their posts. relation. After the arbitration, the first instance, the second instance, and the retrial of the High Court, we all recognized that the termination of our labor relationship was not illegal. In this case, Yan Moumou claimed to pay for overtime salary, annual vacation salary, annual year -end award difference, and salary difference. The second instance maintained the content of the first instance judgment. Other litigation requests.

Former Tencent employees sued the company after being resigned

Recover more than 129 million yuan

According to Red Star News, Mr. Yan joined Tencent in July 2012 as a senior engineer of the game platform department. Mr. Yan said that the last labor contract signed by the two parties was from October 1, 2015 to September 30, 2021.

On March 28, 2019, Tencent's dismissal of the labor contract with Mr. Yan with Mr. Yan, who was late, was late, prematurely left, and was not on duty for a long time. Mr. Yan was dissatisfied with Tencent with "less than 8 hours of daily on -the -job time" and his labor contract with his labor contract. He successively asked the Shenzhen Arbitration Commission to ask for arbitration and filed a lawsuit with the Shenzhen Nanshan District Court and Shenzhen Intermediate People's Court, asking Tencent Company to continue Performing the labor contract, but all defeated.

Mr. Yan, the statistics of Tencent, at the time of the job.

Earlier, Tencent responded that the reason for the resignation of the previous employee was that the labor discipline and rules and regulations were seriously violated, including not accepting the daily work arrangements, not because they were dismissed because they were less than 8 hours. In March 2019, Tencent relieved the labor relationship according to law.

Guangdong High Court of High Court.

In June 2021, Mr. Yan once again sued Tencent and recovered a total of more than 12.9 million yuan in holiday overtime, year -end awards, and annual leave salary for seven years since he joined.

In the first instance, Mr. Yan's claim was to order Tencent to pay for its working salary of 3645,000 yuan from July 2nd to March 28, 2019; During March 28th 2019, the overtime salary was 17,87586 yuan; Tencent ordered that it would pay for the annual vacation salary of 44,1379 yuan from 2012 to 2019; ordered Tencent to pay for its 2015 to 2019 year -end award difference of 2727233 yuan; Tencent ordered Tencent to pay its salary difference from 2014 to 2019 430,770 yuan.

In October 2021, the Shenzhen Nanshan District People's Court made a first -instance judgment and sentenced the defendant Tencent Technology (Shenzhen) Co., Ltd. to the plaintiff's 2018 year -end award difference of 90,765 yuan (before tax), rejected other plaintiff requests.

Since then, both parties have expressed dissatisfaction with the results of the judgment and appealed to the Shenzhen Intermediate People's Court.

The court found that Tencent's reasons for reducing the year -end award were not established

Make a difference of more than 90,000 yuan

On July 13, the Shenzhen Intermediate People's Court of Guangdong Province made a final judgment on the labor dispute between the two parties. The court believes that the appeal requests of Tencent and Yan Moumou cannot be established, and the appeal requests of both parties have rejected both. The fact that the first instance is clear, the applicable law is correct, the handling is appropriate, and it should be maintained according to law.

The Shenzhen Intermediate People's Court in Guangdong Province made a final judgment on the labor dispute between the two parties

Regarding whether Tencent should pay Yan Moumou's year -end award difference between 2015 and 2019, the court did not support the year -end awards from 2015 to 2017 and 2019. Regarding the 2018 year -end award, the court believes that although Tencent has argued that Yan Moumou's 2018 year -end award amount is due to Yan Moumou's work performance in 2018 and cannot meet the company's work performance requirements for employees, but Only a summary description was made, and the proof did not prove that Yan Moumou existed the above situation, nor did he prove that the year -end award department of Yan Mou's annual year was in accordance with the existing assessment rules and fulfilled the conclusions obtained by the legitimate procedure. Therefore, the court determined that Tencent's reasons for reducing Yan Moumou's year -end prize in 2018 cannot be established, and the year -end award difference should be replenished. The amount is 90765 yuan.

Regarding whether Tencent should pay Yan Moumou's overtime salary, the court trial believes that Yan Moumou failed to prove that there was an overtime fact during his job, and he should bear the adverse consequences of the proof of proof. Whether the issue of paying for leave from 2012 to 2019 should be paid, and the request for the annual leave salary before July 1, 2017 has exceeded the time period of labor arbitration. After the annual leave on July 2, 2017, Yan Moumou failed to provide evidence of refutation on the evidence of leave submitted by Tencent, so the court did not support it. Regarding whether Tencent should pay the wage difference from 2012 to 2019, it has exceeded the period of time for labor arbitration that is applied for labor arbitration. The verdict shows that Tencent should make up for Yan's final award difference of 90,765 yuan.

Mr. Yan told Hongxing News that he has not yet received the year -end award difference of Tencent's 90,000 yuan. It was not satisfied with the verdict, and submitted a retrial application to the Guangdong Higher People's Court in the later period.

Regarding Mr. Yan's statement, on July 23, Tencent said to Hongxing News that the company strictly formulated a salary system in accordance with the laws of the law and settled the salary payment and resignation settlement. When the former employees left, in accordance with the law, the "Shenzhen Municipal Wage Payment Regulations" and the company's departure settlement system, the economic compensation, annual service award and annual performance award were settled.

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