This article introduces the process of receiving the award and serving the certificate after arbitration, thinking about the result of the award, considering whether to appeal, and learning that the matter is not over but just beginning.
In the previous space, I introduced related matters such as my filing of the case on March 2, 2021, submitting evidence on May 21, and opening the court on May 24, and then began the long process of waiting for the ruling.
Asking about the outcome of the arbitration award
By June 28, 2021, it has been a month, and there should be a result by now. So I called the Arbitration Court's number (010 - 87983310) to inquire about the results. I called 4 times and it took about 15 minutes before someone finally connected the call. After I explained my purpose, the other party told me: "You need to call the arbitrator at the time of your hearing." I happened to remember the name of the arbitrator (the previous email notice stated the arbitration hearing time and the arbitrator's name). I asked the other party to help me check the phone number of arbitrator zm, and the other party quickly found it and told me.
When I dialed arbitrator zm's phone number, the other party was very impatient and said nothing. He only said: "You call the delivery team number 87933217" and then hung up. However, this phone call only sounded toot. I thought it was an empty number, so I asked the arbitrator again. The arbitrator still impatiently gave me a new number 87983210. However, this phone call was not a delivery team. Fortunately, this staff member had a very good attitude! She said she could help me check. After finding no information, she still said to me: "You need to ask your arbitrator if he has submitted the information to the delivery team, and then consult the delivery team for the adjudication information." Then I started calling the delivery group again. Finally, on the third time, the person in the delivery group finally picked up the phone. A lazy man's voice was heard. Later, I experienced the scene of "Sun Yue buying green onions". It was the same. After asking several people and reporting their names several times, one person finally said: "Wait for the text message notification." (The video of Sun Yue selling green onions can be searched and watched on Station B).
Received a text message notification to "collect the ruling"
At 9:26 on July 7, 2021, I was on the subway and received a text message asking me to collect the ruling. The content is as follows:
Zhang San v. Beijing XXX Information Technology Co., Ltd. Please make sure you make sure to report it between 9:00 and 11:00 on July 13, 2021 (If you need to get it in advance during working hours, you can get it without making a phone appointment.) Bring your original ID card and go to Window 17, Building 15, Courtyard 5, Jiangtai Road, Chaoyang District, Chaoyang Arbitration Court, Beijing City, to collect the "Award". Please go to the general service desk to get the award window number and wait for the number to be called. If the agent comes, please bring the power of attorney and a copy of the original ID card of the agent (front and back). If the authorization procedures were submitted during the court session, please bring the original ID card or lawyer's card to collect them. If the agreed time cannot be arrived and you need to change the time, please contact: 87983217 (not the arbitrator's phone number) If you fail to collect it within the time limit, you will bear the adverse consequences. Arbitrator: zm [Chaoyang District Labor Arbitration Commission]
Receive the award
On the morning of July 12, 2021, it was raining heavily. I planned to go to the arbitrator to collect the award and then go to work at the company. As soon as I got on the subway, the new company informed me that due to the heavy rain, everyone could work more. Since I had to get the notice, I braved the heavy rain to go to the Arbitration Court.
Since we were calling and waiting, after waiting for a while, there was still no one at my window. So I asked the fat staff member at the window next to me. He shouted inside, and a young man came out and asked me to show me my ID card and the text message I had received before. Then he found my ruling from the locker behind him and asked me to sign it.
I read the verdict:
- Compensation for illegal layoffs is 2N.
- Overtime pay is not supported.
- Unfinished annual leave will be converted into salary for support.
- Year-end bonuses are not supported.
considering whether to appeal
裁决书15日生效，如果对结果不满意，双方可以在15日内提起上诉（即向北京市朝阳区人民法院 提起上诉）。
I am not very satisfied with the result of this ruling. I actually do not support overtime pay and year-end bonuses. I checked the Internet and found that many people said: "Overtime pay is difficult to be supported." It only worked overtime for three days, which is not much. Moreover, I chatted directly with screenshots, and there were no overtime applications and check-in records. There was also "insufficient evidence" without support. I reluctantly accepted it. (The company's employee manual states that overtime requires an application and approval by the leader. However, in fact, you will not apply for overtime work, and you will not approve it if you apply, just a verbal record).
The entry offer document states that the year-end bonus is 3 months 'salary and depends on performance and the company's operating conditions. The ruling shows that there are reasons why the year-end bonus is supported. The ruling roughly reads as follows: "In the contract signed by both parties, the salary part shows 'See the salary confirmation sheet'. The offer document shows that the year-end bonus is based on performance and the company's operating conditions, and the year-end bonus is of a reward nature and the company can operate it independently. The performance documents provided by the parties have no trace of confirmation by the company, and the parties have not provided evidence on the identity of the provider of the performance documents. This court does not recognize its authenticity."
Why did the arbitrator not support the year-end bonus when my offer included a year-end bonus? Based on the above reasons: 1. The year-end bonus has a reward nature. 2. Part of the explanation of the salary agreed in the contract is "See the salary confirmation sheet". I did not provide this. In fact, I did not have this sheet (I checked online cases and it was said that the salary agreed by the judge was recognized as a supplement to the salary agreed in the labor contract.) 3. I provided the performance document but did not provide proof of the identity of the provider of the performance document. Is considered invalid. Why? In the past, the company did have performance appraisal, which was to write Excel, score it yourself, and then send it to the superior. Then the superior verbally tells you his rating, and it's over. The process is not formal, and there is no signature confirmation or the like. It's really hard to explain.
Thinking of this, I suddenly felt that the company's routine began the moment it signed the contract. Regarding the salary confirmation form, I remember there is something like this. I vaguely remember that when the salary confirmation form was signed, the older sister said: Your salary is xx, your provident fund base is the maximum limit of y yuan in Beijing, and the daily meal supplement is z yuan, and the salary is paid on the 15th of every month... It seems that there is no mention of the year-end bonus. Even if I appeal and ask the other party to provide a salary confirmation, there may not be an agreement on the year-end bonus. Even if there is an agreement on the year-end bonus, it is still "the company has the nature of the reward and can operate on its own", and the performance I provide is not signed.
As for overtime work, I don't have a certificate of overtime check-in because I don't check-in. I didn't apply for overtime because you were not allowed to apply. There is no record of chatting or submitting code while working overtime. Fortunately, not much, just three days.
Thinking of this, I feel that there seems to be no need to appeal. I don't have a lot of evidence. I think in fact, the arbitrator should have a "balance" in the result of this ruling. If it is really ruled in accordance with the law, I will be compensated 2N, overtime pay, annual leave fee, and year-end bonus. I am satisfied, but the company will appeal. Deducting my year-end bonus and overtime pay, and recognizing my 2N and annual leave is a balance.
Get a certificate of service
When I first received the ruling, the staff explained some contents. In fact, these contents were printed on a piece of paper in the window. I took a photo and had a phone number on it.
If the company has not appealed, I need to go to the arbitrator to get a "certificate of service", and then I can go to the court to apply for enforcement. After calling to inquire, I was asked to collect the certificate of delivery within the July 30th period. On the morning of July 30, 2021, since it was a normal working day, I didn't want to take leave, so I came to the Arbitration Court early, thinking of going back to work after finishing it. I finished the certificate of delivery in about 20 minutes. While waiting, a buddy was also receiving the certificate of delivery. Chatting with him, I found that he submitted the arbitration in October 2019 and received the award in January 2020. There was a delay in the process, and now he has only come to collect the certificate of service in 2021. However, after the ruling came into effect for so long, his company did not pay him, so he planned to go to the Chaoyang Court to apply for enforcement that day. At 9:25, the two of us came out of the Chaoyang District Labor Arbitration Dispute Court together and learned that he was going to apply for enforcement. I asked if we could add a WeChat account to synchronize the "application for enforcement" matters. He readily agreed, and the two of us talked about our respective experiences as we walked to the subway station. It turned out that the company only owed him a few thousand yuan in salary. I said: That's all! Why doesn't the company give it to you directly? He said: Maybe it is because there are many people involved!
At 11:45 a.m. that day, the brother sent me a message telling me how to apply for enforcement: fill out the "Application for Individual Enforcement of the Company" in duplicate, and then copy the ID card, the ruling, and the service certificate. Just apply.
The company appealed!
I don't plan to appeal, but will the company appeal? If the company doesn't appeal, I can apply for enforcement. However, based on the company's urine nature, it is impossible for him not to appeal. How do I know if the company has appealed?
The easiest way is to ask the company directly, but what do you think if I ask them directly, what attitude will they be? They will be very happy: I told you not to arbitrate, but you didn't believe it, kid! Now you're suffering! I'll waste you!
So I called 12348 for consultation: the public lawyer said,"If the company appeals, you don't need to spend money to apply for enforcement." I said: Do I still need to pay to apply for enforcement? How much is it? He said 1%, but added,"Labor arbitration may not be charged, so just wait. 15 days have passed and you are not only unable to appeal, but you also have to accompany the company in litigation. He is wasting you." I asked: How can I check whether the company has really filed a case? The other party said: You dial 12368. It was later confirmed that the company appealed.
What should I do after the company appeals
After learning that the company appealed, I was a little disappointed, but it was also expected. However, I still had not received any notice in September. I don't know what is going on? I wonder what I can do now? So I called 12368 for consultation, but I couldn't get through. At 8:20 a.m. on 2021 - 09 - 07, I received a reply from 12368, asking about the consultation yesterday. I said: There was a labor arbitration and a ruling was made. The company refused to accept the complaint and appealed, but it has not received any follow-up notice so far. The other party asked for company name and personal name for inquiry. The other party said: The inquiry has been filed, and the case currently has no number and no judge has been appointed. I asked: How long would it take to have a number and appoint a judge. The other party said: It will take about 2 months. I asked: Is it possible that the other party mistakenly filled in my contact information when filing the case, making me unable to accept the notice? The other party said: No way. You need to check the ruling when filing a case. At the end, I asked: If I wanted to inquire about the progress of the case and how to investigate, the other party kindly gave two phone numbers: 85998232, 85998653. Later, I made these two calls, but I couldn't get through either.
Later, I still need to wait... Next notice: Received the summons and the first trial hearing.