The signature on a pay slip was confirmed not to be signed by me.
Therefore, a handwriting appraisal paper pushed a furniture factory in Dalingshan to the forefront of forging payrolls and evading compensation for work-related injuries. Luo Yanbi, a former worker of Shengfeng Furniture Factory in Dalingshan Town (renamed "Dimao Furniture Co., Ltd."), said that when he worked in this factory, his monthly salary was around 1600 yuan. After being injured due to work, the salary slip presented in the factory showed that his monthly salary was only about 860 yuan. As a result, his compensation for work-related injuries will shrink by more than 20,000 yuan.
However, Luo Yanbi made efforts to confirm that the signature on the pay slip was not his handwriting. At present, the case has been tried by the Dalingshan Court and will be pronounced at a later date.
Amount of monthly salary Workers and factory each hold their own words
Luo Yanbi said that he entered the Shengfeng Furniture Factory in Dalingshan Town on December 7, 2006, went to work in the opening department and signed a labor contract.
On October 5, 2008, he was injured at work and had more than 10 stitches in his belly. After being hospitalized for one month, he was identified as a grade 8 disability after he was discharged. Later, as determined by the Municipal Social Security Bureau, Luo Yanbi's injury was an industrial accident. On April 14, last year, the Municipal Social Security Fund Management Center paid Luo Yanbi a disability subsidy of 9780 yuan at a time according to the standard of 978 yuan per month.
In addition, Luo Yanbi lost work for a total of 174 days. The furniture factory paid a total of 4,620 yuan to Luo Yanbi according to the monthly standard of 770 yuan, but has never paid compensation for work-related injuries.
Employees shall enjoy the right to work injury insurance treatment according to law. At the end of July last year, the Dalingshan Chamber of the Municipal Labor Dispute Tribunal ruled: Luo Yanbi was injured due to work, and the furniture factory should pay the corresponding treatment for work-related injuries.
However, how much Luo Yanbi was compensated was directly proportional to his usual salary. This is because the one-time disability employment grant and disability grant are calculated on the basis of monthly salary.
What is the monthly salary of Luo Yanbi? He said he could get 1,600 yuan a month. However, the salary certificate issued by the furniture factory, he only received 860 yuan per month.
Who is lying?
Because both sides hold their own words, I don't know who to believe. Therefore, the Dalingshan Chamber of Labor Dispute Tribunal of the Municipality had to calculate Luo Yanbi ’s treatment of work-related injuries based on the average monthly salary of 1,030 yuan in Dongguan for the previous year.
Handwriting identification Payroll not signed by me
On July 21 last year, the Dalingshan Chamber of Labor Dispute Tribunal ruled that Luo Yanbi ’s labor relationship with the furniture factory should be terminated, and the furniture factory was required to pay Luo Yanbi ’s one-time disability subsidy, one-time disability employment subsidy and one A total of 21,635 yuan for medical compensation for sexual injury.
As Luo Yanbi ’s various subsidies accumulate, they can be calculated for 29 months. In this way, if Luo Yanbi ’s monthly salary is indeed 1600 yuan, but eventually calculated at 1030 yuan per month, then this time he will lose 16530 yuan in arbitration award.
"Of course, I will not be satisfied with this result." Luo Yanbi said that the judgment of the Dalingshan Chamber of the Labor Dispute Tribunal itself has no problem. The problem is that in order to minimize the compensation, the furniture factory issued a fake salary certificate.
So, where is the wage certification leave? Luo Yanbi said that when paying wages every month, workers need to sign in person to get the money. In fact, the salary certificate issued by the Dalingshan Chamber of the Municipal Labor Dispute Tribunal also has the signature of "Luo Yanbi".
"That was not my signature at all." Luo Yanbi said that although he signed his name, it was obviously not his handwriting. In order to prove that the furniture factory imitated the handwriting signature and forged the salary certificate to avoid the work injury compensation, Luo Yanbi requested a handwriting identification on the "Luo Yanbi" on the salary certificate submitted by the furniture factory.
Because Luo Yanbi refused to accept the ruling, he then sued to the Municipal Second Court, claiming a total of 65,000 yuan.
"Shengfeng Furniture Factory November 2007 Employee Salary Table" No. 161, "Shengfeng Furniture Factory August 2008 Employee Salary Table" No. 8 are all signed by Luo Yanbi. So, is it true that "Luo Yanbi" in the signatures of these two salary forms was written by Luo Yanbi himself. Before the court opened, after Luo Yanbi filed the application, the Municipal Second Court entrusted the Guangdong Nantian Judicial Laboratory to appraise the handwriting of "Luo Yanbi" in the signature column of the two salary forms.
At the end of January this year, the appraisal result came out, and the signature "Luo Yanbi" in the salary table was not written by Luo Yanbi himself.
The court is involved and both parties are waiting for the verdict
After attending the court hearing the day before yesterday, Luo Yanbi said he was confident in the verdict. "It's not my signature in the salary table, it can only explain one problem, that is, the furniture factory falsified the salary certificate in order to give as little compensation as possible."
The day before yesterday afternoon, the reporter came to Shengfeng Furniture Factory in Dasha Village, Dalingshan Town (has been renamed "Dimao Furniture Co., Ltd.") to understand the authenticity of the payroll. The factory director Yin Guoqiang said that the salary slip is absolutely true, "the signature was signed by Luo Yanbi's colleagues when they received the salary."
Luo Yanbi does not agree with this statement. The monthly salary is not a small sum. He cannot have his colleagues pick it up, nor can the company's finances allow it.
Factory director Yin Guoqiang said that this matter is going through judicial procedures, and everything is subject to the court's judgment, so there is no need to say more. Â
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