Cheated 1500 yuan, can you report it?

(20 13) Qing Min Zhong Yi Zi No.328 Appellant (defendant in the original trial) Qingdao Lisan Morris Hotel Co., Ltd. (formerly Qingdao Lisan Hotel Co., Ltd.), whose domicile is Qingdao Qingdao Industrial Park, with the organization code of 74396 188- 1.

Legal Representative: Wang Rentai, general manager.

Authorized Agent: Zhang Na, female,1born on March 27th, 987, Han nationality, employee of Qingdao Lisan Hotel Co., Ltd.

Authorized agent: Wen Yao, male, born in May of1989+0/kloc-0, Han nationality.

Appellee (plaintiff in the original trial) Xianlong Li, male, born on June 1984+065438+1October19, Han nationality.

Qingdao Lisan Group Co., Ltd., the defendant in the original trial, is located in Qingda Industrial Park, Chengyang District, Qingdao, with the organization code of 72782932-X.

Legal Representative: Wang Yuzhen, board chairman.

Qingdao Lisanzhong Demei Water Equipment Co., Ltd., the defendant in the original trial, is located in Qingda Industrial Park, Chengyang District, Qingdao, with the organization code of 76672036-X.

Legal Representative: Wang Yuzhen, board chairman.

The appellant Qingdao Lisan Morris Hotel Co., Ltd. (hereinafter referred to as Lisan Hotel Company) filed an appeal (20 12) with the Chengyang District People's Court of Qingdao for a labor dispute with the appellee Xianlong Li, the defendant Qingdao Lisan Group Co., Ltd. (hereinafter referred to as Lisan Group Company) and Qingdao Lisan Zhongde Water Equipment Co., Ltd. (hereinafter referred to as Lisan Zhongde Company). On 20 12 12 19, our college formed a collegial panel according to law, with Judge Lin as the presiding judge, Judge Xie as the acting judge and Judge Xu Jingyuan as the acting judge. After reading the papers, our hospital considered that this case was in compliance with Article 169 of the Civil Procedure Law of People's Republic of China (PRC), and decided not to hold a hearing on this case, and organized all parties to check the evidence and facts on June 4, 20 13+ 13. Appellants Zhang Na and Wen Yao, the entrusted agent of Li San Morris Hotel Company, and Appellee Xianlong Li attended the lawsuit. The case has now been closed.

Xianlong Li said in the first trial that he went to work in Lisan Group Company on May 22, 2008 and actually provided labor services for Lisan Group Company and Lisan Zhongde Company. These two companies illegally collected a deposit of 20,000 yuan when they joined the company in Xianlong Li, which violated the provisions of the Labor Law. In addition, the two companies refused to pay Xianlong Li's salary and overtime pay before leaving the company, which led to the termination of the labor contract between the two parties, and the two companies refused to pay economic compensation for the termination of the labor contract. Request for judgment: 1, Lisan Group Company, Lisan Zhongde Company and Lisan Hotel Company returned the deposit illegally collected by Xianlong Li of 20,000 yuan; 2. Lisan Group Company, Lisan Zhongde Company and Lisan Hotel Company paid Xianlong Li's salary in February 20 12, and paid 2 500 yuan and 2,000 yuan in March 20 12; 3. Li San Group Company, Li San Sino-German Company and Li San Hotel Company paid Xianlong Li 65,438+10,000 yuan for overtime; 4. Lisan Group Company, Lisan Sino-German Company and Lisan Hotel Company paid Xianlong Li an economic compensation of 6,543,800 yuan for the termination of the labor contract.

Li San Group Company and Li San Zhongde Company argued in the first instance that Xianlong Li's claim had no legal basis and the request was rejected according to law.

Li San Hotel Company argued in the first trial that the dispute between Li San Hotel Company and Xianlong Li was a civil dispute and should not be accepted as a labor dispute case. Xianlong Li should sue alone.

The original trial identified Lisan Zhongde Company and Lisan Hotel Company as affiliated companies of Lisan Group Company. On May 22, 2008, Xianlong Li went to Lisan Group Company to work in human resources, and both parties signed the labor contract from July 20, 2008 to July 2023 19. Xianlong Li's average monthly salary before leaving Lisan Group Company was 1.942 yuan, and Lisan Group Company claimed that it still owed Xianlong Li1.654,38+0.76 yuan in February 2002 and 1.74 yuan in March 2065, totaling 1.350 yuan. Li Sandong Sino-German Company paid the social insurance premium for Xianlong Li after 20 10. On May 24th, 2008, Lisan Hotel Company received 20,000 yuan in cash from Xianlong Li in the form of prepaid meals. Li San Group Company arranges Xianlong Li and other employees to eat and stay in Li San Hotel Company, and Xianlong Li signs the meal fee confirmation form every month. During his work, Xianlong Li confirmed that the food expenses were 58,782 yuan, the accommodation expenses were 4 800 yuan and the clothing expenses were 6 560 yuan. On March 5th, 20 12, Xianlong Li left lisan group company because lisan group company and lisan zhongde company failed to pay social insurance premiums for Xianlong Li from July to February 20th, 2008. In the first instance of this case, Xianlong Li withdrew the lawsuit to ask Lisan Group Company, Lisan Zhongde Company and Lisan Hotel Company to pay overtime.

It was also found out that Xianlong Li applied to Qingdao Chengyang Labor and Personnel Dispute Arbitration Committee for arbitration on June 12, and demanded Lisan Group Company, Lisan Zhongde Company and Lisan Hotel Company to pay their advance meals, wages, overtime pay and economic compensation. After hearing the case, the Arbitration Commission decided not to accept it on the grounds that the labor relationship between Xianlong Li and the above three companies was unclear. Xianlong Li refused to accept the arbitration decision and filed a lawsuit.

Xianlong Li submitted the following evidences: receipt 1 and 1, which prove that Lisan Group Company and Lisan Zhongde Company illegally collected the deposit of 20,000 yuan from Xianlong Li. After issuing the receipt, Xianlong Li discovered that it was stamped with the official seal of Lisan Hotel Company. Lisan Group Company, Lisan Sino-German Company and Lisan Hotel Company have no objection to the authenticity of the evidence, but they claim that the money was paid after Xianlong Li and Lisan Hotel Company signed a contract on the principle of equality and voluntariness, and it does not belong to the trial scope of labor dispute cases. 2.3. Labor Contract Termination Report, which proves that Lisan Group Company and Lisan Zhongde Company terminated the labor contract with Xianlong Li, but failed to pay economic compensation. Lisan Group Company, Lisan Zhongde Company and Lisan Hotel Company have no objection to the authenticity of the evidence, but said that the stamping process needs to be verified. Xianlong Li signed a labor contract with Lisan Group Company, and Lisan Zhongde Company has no right to terminate the labor contract. 3. The salary payment records prove that Li San Group Company pays more than 2,000 yuan twice a month, and the salary standard set for Xianlong Li is 2 500 yuan per month, which is not paid in full. Li San Group Company, Li San Sino-German Company and Li San Hotel Company have no objection to the authenticity of the evidence, but all claim that the amount of wages payable advocated by Xianlong Li cannot be proved. 4. The attendance records of Lisan Group Company and Lisan Zhongde Company prove the attendance of Xianlong Li since 2008, and Lisan Group Company and Lisan Zhongde Company failed to pay overtime. Lisan Group Company, Lisan Zhongde Company and Lisan Hotel Company refused to admit the evidence. 5. 1. Xianlong Li's promotional film when he joined the company, which proves that when Xianlong Li joined the company, Li San Group promised that the accommodation and meals would be borne by the company. Lisan Group Company, Lisan Sino-German Company and Lisan Hotel Company have no objection to the authenticity of the evidence, but said that the accommodation and meals undertaken by the enterprise should be free after the expiration of the contract, and Xianlong Li could not enjoy the treatment before the expiration of the contract.

The evidence submitted by Lisan Group Company is as follows: 1. Labor contract, which proves the existence of labor relationship between Li San Group and Xianlong Li. Xianlong Li admitted that the contract was signed by himself, but said that the salary standard was blank when signing the contract. Li Sande Company and Li Sande Hotel Company have no objection to this evidence. 2. The record of clothing fee collection and the notice of management system prove that Xianlong Li's clothing fee during the existence of labor relations is 6 560 yuan, and Li San Group has informed Xianlong Li of the management system. Xianlong Li cross-examined that he had no objection to the signature on the notice, but he didn't sign the time himself. At that time, Li San Group promised to provide free accommodation; There is no objection to the collection of clothing records, but the collection of clothing is based on the unified regulations of Lisan Group Company. Clothing belongs to enterprise welfare and should be borne by enterprises. Li Sande Company and Li Sande Hotel Company have no objection to this evidence. The salary list of Li San Group Company from 20 10 to 20 12 to 10, which proves that Li San Group Company has paid Xianlong Li's salary and overtime pay in full, but Xianlong Li did not receive the salary from February to March of 20 12. Xianlong Li has no objection to the authenticity of the evidence, but claims that the overtime pay in the salary bag is not the real overtime pay, and the attendance record submitted by Xianlong Li can prove that the overtime pay is not the amount shown in the evidence. Li Sande Company and Li Sande Hotel Company have no objection to this evidence.

Lisan Hotel Company submitted the dining contract, notice and unpaid confirmation, which proved that Xianlong Li's accommodation fee in Lisan Hotel Company was 58,782 yuan for meals and 4 800 yuan for accommodation. The contractual relationship between the two parties is equal, and the dispute between the two parties is not a labor dispute. Xianlong Li cross-examined and said: There is no objection to the signature in the above evidence, but you can't get paid without signing; It can be seen from the salary bag submitted by Li San Group that the accommodation fee is higher than the salary, and this evidence is not recognized. Li Sande Company and Li Sande Hotel Company have no objection to the above evidence.

Li Sande Company did not submit evidence to the court.

The court of first instance held that Xianlong Li signed a labor contract with Li San Group Company, and Li San Group Company paid Xianlong Li's salary, so both parties should be considered as labor relations. Xianlong Li's social insurance premium was paid by Li Sande Company, but it was not paid before February 20 10. Therefore, Li San Group Company violated the rules, and Xianlong Li demanded the termination of the labor contract and demanded that Li San Group Company pay economic compensation, which was in line with the law and supported it. According to Xianlong Li's average salary before leaving his post, Li San Group Company should pay him an economic compensation of 7,768 yuan (1942 yuan/month ×4 months), and will not support the excess part requested by Xianlong Li.

The second trial found that Qingdao Lisan Hotel Co., Ltd. was renamed Qingdao Lisan Morris Hotel Co., Ltd. on September 25, 20 12. The above facts are based on the query results of 1 name change registration information submitted by Lisan Hotel Company, which can be accepted after review by our hospital. Other facts ascertained in the original trial are true, and our court confirms them.

After mediation, the two sides failed to reach an agreement.

According to our opinion, Li San Group Company promised to provide food, clothing, housing and transportation free of charge when recruiting. Lisan Hotel Company and Lisan Group Company are affiliated enterprises. Xianlong Li was arranged by Lisan Group Company to have dinner at Lisan Hotel Company, which was not Xianlong Li's independent choice, but one of the working conditions promised by Lisan Group Company. Therefore, the relationship between Xianlong Li and Lisan Hotel Company does not belong to the catering service contract, and the original trial correctly characterized the dispute between the two parties. According to Article 38 of the Labor Contract Law of People's Republic of China (PRC), if the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract. In this case, Xianlong Li left Lisan Group Company because the company failed to pay the social insurance premium for Xianlong Li from July 2008 to October 20, 2008, and it was not wrong for Xianlong Li to terminate the labor contract between the two parties. Therefore, the agreement between Lisan Hotel Co., Ltd. and Xianlong Li that the meal expenses of employees who leave the company halfway shall be borne by individuals is not binding on Xianlong Li, and Xianlong Li should not bear the obligation to pay the meal expenses. Xianlong Li asked Lisan Hotel Company to return the advance payment for food and beverage, which was supported by our hospital with justified reasons. To sum up, Li San Hotel Company's appeal grounds cannot be established, and its appeal request is not supported by our court. The original judgment found that the facts were clear and the applicable law was correct, which was upheld by our court. According to Item (1) of Paragraph 1 of Article 170 of the Civil Procedure Law of People's Republic of China (PRC), the judgment is as follows:

Reject the appeal and uphold the original judgment.

The acceptance fee for the second instance case is 65,438 yuan, which shall be borne by the appellant Qingdao Lisan Moliis Hotel Co., Ltd.

This is the final judgment.

Presiding judge Lin Rong family

Acting judge Xie

Acting Judge Xu Jingyuan

20 13 February 19