The wage in the labor contract is inconsistent with the quotation.

After attending the campus recruitment, Xiao Wang received an employment confirmation letter from a company. After the confirmation letter confirmed the consent, Xiao Wang, a college graduate, joined a company from July 2065438 to July 2009, and both parties signed a written labor contract, stipulating that the salary should be implemented according to the salary system of a company.

Later, Xiao Wang thought that the labor contract substantially changed the salary content in the employment confirmation letter, which led him to sign the labor contract against his true meaning. In September 2020, Xiao Wang applied for labor arbitration, refused to accept the arbitration award and appealed to the court, demanding that a company pay unpaid labor remuneration according to law.

Company A argues that the rights and obligations of both parties should be based on the labor contract, and it has paid the labor remuneration in full and on time in accordance with the labor contract and the company's salary management system. There is a clerical error in the part of the employment confirmation letter about the annual salary, and a company has explained it to Xiao Wang.

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The court held that the "Confirmation of Employment" signed by both parties in this case was only a preliminary intention reached by both parties. And after the formal labor contract is signed by both parties, the labor contract has clearly stipulated Xiao Wang's salary, so the rights and obligations of both parties shall be subject to the labor contract.

A company pays labor remuneration to Xiao Wang every month according to the labor contract, but Xiao Wang did not raise any objection for more than one year before applying for labor arbitration, which is unreasonable. It is unreasonable to claim that a company is in arrears with labor remuneration by employment confirmation letter now, and it also violates the principle of good faith. In the end, the court rejected Xiao Wang's claim. Employment confirmation letter (commonly known as Offer) is a preliminary agreement reached between the employer and the employee on the future employment intention, not a formal labor contract. If the offer is inconsistent with the labor contract, the rights and obligations of both parties shall be subject to the final labor contract.

Remind everyone that the workplace is new,

Pay attention to when signing a labor contract:

1 Compare carefully whether there is any inconsistency between the labor contract and the offer. If any inconsistency is found, it should be raised to the unit in time, otherwise it will be regarded as accepting the labor contract.

Pay special attention to the time limit for raising objections. In judicial practice, there are generally two salary payment periods, namely 60 days, as a reasonable time limit for raising objections to salary treatment.

When workers raise objections, they should pay attention to retaining evidence, which can be submitted to the company through the company's e-commerce system and express mail, or directly to the labor inspection department.