Can I get my salary back?
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The last edit to this post was made by hby1224 on 2018-8-7 at 11:22. The clause in the labor contract with the employer is quite simple: the annual salary before taxes must be no less than 120,000 RMB. The company has informed me that my employment contract will be terminated at the end of August. Usually, I receive 70% of my salary, with the remaining 30% to be paid by the end of the year. Can I get back the 30% of my salary for those 8 months? What are the chances of winning a labor arbitration? (The company says that 30% is the year-end bonus and cannot be made up.) My understanding is that 120,000 is the minimum basic salary, and only the amount exceeding 120,000 counts as a bonus
There are free legal consultations available online; you might give them a try.
It depends on how your contract was signed; you can file for arbitration
That’s how it was arranged; in one sentence: the pre-tax annual salary must be no less than 120,000 RMB. This sentence can have a thousand different interpretations.
Employees are in a weaker position compared to companies. In the case of such companies, even if you manage to obtain what is your due through legal means, it will likely require a great deal of time and effort; you need to be prepared for that
On the labor contract, it should not say ‘not less than’, ‘not more than’ – just state the exact amount per month.
Based on what you mentioned above: the pre-tax annual salary should be no less than 120,000 RMB. Annual salary should include wages + benefits + bonuses. I guess it’s gone forever.
As the boss, I can sign a contract with you each year that guarantees an annual salary before taxes of no less than 1 million; I’ll pay you 2,000 per month, and then terminate the contract in the 11th month. Do you think you’d fight hard for me?
In any case, go through arbitration through the labor agency first to at least protect your own interests.