Dispute over illegal probationary wage agreement at a Fujian-based technology company

Case Summary

Plaintiff Zhang joined Defendant Fujian [Company Name] Technology Co., Ltd. on 2024/1/1 as a Sales Specialist under a written labor contract with a term of 3 years and a probation period of 6 months. The agreed monthly salary after probation was 8000 yuan, and during probation it was 5000 yuan. After joining, Plaintiff discovered that the probationary wage set by Defendant fell below the statutory minimum. Plaintiff repeatedly requested compensation for the difference, but Defendant refused. On 2024/6/30, after successfully completing the probation period, Plaintiff filed a lawsuit requesting Defendant to pay the probationary wage difference of 14400 yuan for the period from 2024/1/1 to 2024/6/30.

Key Dispute

1.Does the probationary wage agreed upon by the defendant comply with legal standards?

2.Is there a legal basis for the plaintiff's claim regarding the difference in probationary wages?

3.Should the defendant make up the difference in the plaintiff's probationary period wages?

Case Strategy

1.Secure core evidence such as the fixed-term written labor contract, payroll records, and communication logs between both parties.

2.Produce evidence that the plaintiff and defendant agreed on a 6-month probation period, with a monthly salary of 8000 yuan after confirmation and 5000 yuan during the probation period.

3.Demonstrate that, in accordance with the Labor Contract Law, an employee's wage during the probation period must not be less than 80% of either the lowest wage for the same position within the unit or the wage stipulated in the labor contract, and must also not be lower than the local minimum wage standard.

4.Calculate the plaintiff's statutory minimum wage during the probation period. The monthly salary agreed upon in the labor contract after regularization is 8000 yuan; 80% of this amount is 6400 yuan. However, the defendant's agreed monthly probationary wage of 5000 yuan falls below the statutory standard. The monthly shortfall is 1400 yuan, totaling 8400 yuan over 6 months. Additionally, the defendant must pay economic compensation for unpaid wages of 6000 yuan, bringing the total to 14400 yuan, which complies with legal provisions.

Processing Result

The court ruled that Defendant Fujian [Name] Technology Co., Ltd. must pay Plaintiff Zhang the unpaid probationary wage difference of 14400 CNY for the period from 2024/1/1 to 2024/6/30, within 10 days of the judgment taking effect. Defendant shall bear all litigation costs in this case.

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