However, units should be cautious when issuing income certificates to avoid legal risks.
Today, we solved the hidden legal risk of "proof of income" through a real case.
Brief introduction of case
Xiao Yang had a labor remuneration dispute with a company of the employing unit and submitted it to labor arbitration. Xiao Yang said that he joined the company in June 2005 as the manager of the engineering department, and the two sides agreed on a monthly salary of 6,000 yuan. The salary owed by the company from February to August of 20 12 was not paid, and Xiao Yang informed the other party to terminate the labor relationship on September of 20 15/2.
Xiao Yang applied to the Labor Arbitration Committee for arbitration requirements:
1, pay 42,000 yuan from February to August;
2. Pay the economic compensation of 45,000 yuan for the termination of the labor contract;
3.2065 438+00-2065 438+02 paid social insurance in August. For the above request, Xiao Yang provided a copy of "Zhang Ming's Income" and stamped with the official seal of the company, which proved that the monthly fixed salary was RMB 6,000, and the signing time was 2065,438+March 2002.
In addition, the Notice of Dissolution of Labor Relations and the Certificate of Delivery sent on September 5, 20 12 were provided as evidence.
Controversy focus 1: Xiao Yang's monthly salary.
Xiao Yang advocates a monthly salary of 6,000 yuan, as evidenced by the "income certificate" issued by the company when buying a house. However, the company denied issuing the income certificate, provided the salary table of Xiao Yang since he joined the company, and pointed out that the "income certificate" was inconsistent with the facts. In addition, the company also provided an alarm record, showing that the official seal of the company was stolen in March 20 12.
In our opinion, the above is enough to show that the Income Certificate provided by the respondent is untrue, and Xiao Yang is suspected of engraving and stealing the official seal.
But the arbitration commission doesn't care about the above facts. First, ask whether the official seal on the "income certificate" is consistent with the official seal of the unit. The company confirmed the agreement, but the contents of the certificate were not recognized. The Arbitration Commission asked if there was any evidence to prove that Xiao Yang stamped the Income Certificate privately or used it after stealing it, but the company said that there was no evidence for the time being.
Controversy focus 2: Xiao Yang's working years
Xiao Yang claimed that the last time he went to work was August 3, 20654381,and he would help the company collect money for a period of time in the future, so he sent a notice of dissolution of labor relations to the company on September 5, 20654381.
Our company claims that the salary receipt shows that Xiao Yang started his job in April 2005, and the work deadline was 20 12 1.
The Arbitration Commission asked Xiao Yang to provide evidence for the work facts from February to August of 20 12, but Xiao Yang could not provide evidence, but found out that the signing date of the Income Certificate was March of 20 12.
Referee result
The Arbitration Commission held that although the company refused to recognize the authenticity of the income certificate, it did not provide any evidence to refute the authenticity of the official seal on the income certificate, so it recognized the authenticity of the income certificate. Based on this, it is confirmed that Xiao Yang's salary is 6000 yuan per month, and according to the date of signature on the certificate, Xiao Yang is still working in the company in March. The company shall pay the salary of 2065,438+February to March 2002 according to the salary standard of 6,000 yuan per month.
Because Xiao failed to provide effective evidence to prove that he still provided labor for the company from March to August, his claim of issuing a notice of termination of labor relations in September and demanding payment of economic compensation was difficult to establish. Xiao Yang's claim for payment of social security should be supported according to law within the time limit.
Legal solution
This case clearly shows the burden of proof and evidence review in labor dispute cases. Specifically, both parties provided evidence to prove the employee's salary. In this case, the two key evidences, Income Certificate and Salary Receipt, are originals, which are related to the facts of the case and supported by the unlicensed person. Xiao Yang approved the Salary Receipt provided by the company, but claimed that there were other salaries besides wages.
The company refused to recognize the Income Certificate provided by Xiao Yang, believing that the source was illegal and the content was untrue, and insisted that all wages were reflected in the Salary Receipt, and that Xiao Yang should prove other wages with evidence. When the two parties give evidence to the contrary on the amount of the same fact "salary" respectively, and there is not enough basis to deny the evidence of the other party, according to the regulations, the judicial organ shall make a judgment in combination with the case.
In this case, the company believes that the source of the Income Certificate provided by Xiao Yang is illegal and the content is untrue, so the company should provide evidence to prove it. If the evidence can't prove it, it will bear the adverse consequences. The company confirmed the authenticity of the official seal on the income certificate, which is equivalent to the company's confirmation of Xiao Yang's monthly salary of 6,000 yuan. Xiao Yang doesn't need to prove the salary difference between the income certificate and the salary receipt.
At this point, the legal representative of the company is still complaining, complaining:
Since Xiao Yang advocates that there are other wages besides those on the payroll, he should produce evidence to prove it. Why don't the arbitration commission and the court let Xiao Yang bear the burden of proof and provide evidence?
The Supreme People's Court's "About Implementation"
(1) One party clearly acknowledges the facts of the case and the claims made by the other party ".
Article 8 of the Supreme People's Court's Provisions on Evidence in Civil Litigation stipulates: "In the course of litigation, if one party explicitly acknowledges the facts of the case stated by the other party, the other party need not provide evidence".
Since the authenticity of the official seal on the income certificate is confirmed, it means that the company has confirmed Xiao Yang's monthly salary of 6,000 yuan. According to the above two provisions, Xiao Yang does not need to prove the salary difference between the income certificate and the salary receipt. To sum up, this paper expounds the causes and consequences of the "legal bitter fruit" brought by the "income certificate" to the employer.
Popularize the law
Many companies know that it is risky to issue false income certificates, but they still do so because they disagree or for various other reasons. However, from various cases in practice, we can see that these companies that issue false income certificates often suffer various adverse consequences because they underestimate the legal risks.
In practice, the risks brought by the company's false income certificate include:
1, labor dispute.
This case is one of many labor disputes caused by false income certificates. In most cases, the company lost the case.
2. The bank sues the company and undertakes joint repayment obligations.
Legally speaking, the bank may require the company to bear joint and several liability for compensation when the employee lacks repayment ability after the company falsely issues income certificates for the employee and successfully applies for a loan;
3, bear the responsibility of perjury
Employees need to submit proof of income in addition to buying a house and a car, and sometimes they need to submit proof of income when handling credit cards. If an employee obtains a credit card with a false income certificate and overdraws it, the company will bear joint and several liability for repayment. If employees lose contact, the company may also be involved in obtaining credit cards by fraud, and will be investigated for criminal responsibility.
Then, in the face of the risks brought by false income certificates, the company can help employees to avoid risks through the following measures:
1. Define the validity period of the income certificate and the employee's written explanation.
When issuing the income certificate, make it clear that the validity period of the income certificate is 15 days or 1 month. If there are false income certificates, employees should be required to make a written explanation on the purpose of asking for false income certificates.
2. Define the purpose of proof of income.
Define the scope of consumption in the income certificate, such as "this certificate is only used for housing loans";
3. Register and manage the issued income certificates.
After issuing income certificates for employees, the time and purpose of issuance shall be recorded in time, and employees shall be required to sign for confirmation;
4. The proof of income is realistic.
It should be a foolproof method to issue income certificates according to the actual income level of employees;
5, do a good job of explanation
In the case of failing to meet the requirements of employees, the relevant staff of the company should communicate and explain their work effectively with employees to avoid causing bad mood of employees.
Therefore, from the company's point of view, we should improve the legal risk awareness of issuing income certificates and related documents, act legally and in compliance, and issue income certificates and other related documents according to the facts.
Legal link
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (1);
Article 13 The employer shall bear the burden of proof for labor disputes caused by decisions made by the employer, such as dismissal, expulsion, dismissal, dissolution of labor contracts, reduction of labor remuneration, and calculation of the working years of workers.
People's Republic of China (PRC) Labor Contract Law;
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract.
(2) Failing to pay labor remuneration in full and on time.
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law.
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