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陈某系某进出口公司全民所有制固定职工,在公司实行全员合同制和工资制度改革中竞争上岗落聘,被安排至公司办公室值班,工资就岗定薪后月增至1095元。七年之后,进出口公司根据有关文件精神,实施改制,制定了《关于全员解除劳动合同的实施办法》。该实施办法经公司党政工会议共同讨论修改提交职工代表大会审议通过,并获主管部门批准。实施办法规定,解除劳动合同经济补偿金最低发放标准按本公司与职工解除劳动合同前12个月在岗职工月平均工资2560元计算。所有解除劳动合同的职工月平均工资收入低于此标准的,在计算经济补偿金时均以2560元的标准计发。陈某依据《关于全员解除劳动合同的实施办法》规定与进出口公司解除了劳动合同,并领取了经济补偿金99840元。嗣后,陈某认为在岗职工月平均工资2560元,而自己月工资只有1095元,月相差1500元,是被公司克扣了,多次找公司交涉均未果,于是向劳动仲裁委申诉,要求判令进出口公司支付拖欠工资111000元和25%的补偿金27500元,体现同工同酬。经劳动争议仲裁委审理,裁决驳回陈某的申诉请求事项。
Chen was an employee of a wholly-owned unit of an import-export company that competed for employment in the company's full-contract system and salary system reform. He was placed in the office of the company on duty and the monthly salary increased to 1095 yuan after he was paid. Seven years later, according to the spirit of the relevant documents, the Import and Export Company implemented the system reform and formulated the Measures for the Implementation of a Full-scale Cancellation of Labor Contract. The implementation measures by the company party and government workers to discuss the common discussion modified submitted to the workers congress for consideration and approval, and approved by the competent authorities. According to the implementation measures, the minimum payment standard for economic compensation for terminating a labor contract shall be calculated according to the average monthly wage of 2,560 yuan of on-the-job employees in the first 12 months before the termination of the labor contract between the Company and the employees. If the monthly average wage income of workers who have terminated the labor contract is lower than this standard, they will all be calculated at the standard of 2,560 yuan when calculating the economic compensation. Chen according to “on the full termination of the labor contract implementation approach” provides with the import and export company lifted the labor contract, and received financial compensation 99,840 yuan. Subsequently, Chen believes that on-the-job workers average monthly wage of 2560 yuan, while his monthly salary of only 1095 yuan, the monthly difference of 1,500 yuan, is the company deducted, many times to find the company negotiations were unsuccessful, then appealed to the Labor Arbitration Commission, demanded the decree Import and export companies to pay 111,000 yuan in arrears and 25% compensation 27,500 yuan, reflecting equal pay for equal work. Arbitrated by the Labor Dispute Arbitration Commission, the ruling dismissed Chen's appeal request.