**法院判决外卖平台返还违规扣罚薪资**
2023年3月24日，江苏省南京市中级人民法院对外发布了2023年度劳动人事争议十大典型案例。其中，一起涉及外卖骑手的劳动争议案引发了广泛关注。法院判决外卖平台用工企业应将扣款、费用承担等规则提前向劳动者公示，并就劳动者存在应予扣款的事实承担举证责任。若平台无正当理由扣除劳动者薪资，则应予返还。
本案中，外卖骑手小张在从事配送工作时，因其工作过程中出现失误，被平台扣除了近半薪资。小张对此表示不满，认为平台扣除薪资无理，遂向法院提起诉讼。
法院经审理认为，根据我国《劳动法》相关规定，用人单位在扣除劳动者工资前，应当明确告知扣除的事由、标准和程序。而本案中，外卖平台未能就扣款事由向小张进行充分告知，且在扣除薪资时未提供正当理由。因此，法院判决平台用工企业返还小张被扣除的近半薪资。
此次法院的判决体现了我国法律对劳动者权益的保护。南京市中级人民法院表示，希望通过发布此类典型案例，提高用人单位遵守劳动法律的意识，规范劳动用工行为，维护劳动者的合法权益。
本案也对外卖平台用工企业提出了警示，即在扣除劳动者薪资时，应严格遵守相关法律法规，合理、公正地制定扣款规则，并充分告知劳动者。否则，一旦构成无正当理由扣除劳动者薪资，将面临返还薪资的法律责任。
在此背景下，广大外卖骑手也应提高法律意识，了解自身权益，遇到薪资扣除等问题时，勇于依法维权。同时，社会各界也应关注外卖骑手的劳动权益保障问题，共同营造公平、合理的劳动环境。
英语如下：
# Court Orders Delivery Platform to Return Illegally Deducted Salary to Rider
Keywords: Food Delivery Riders, Salary Return, Labor Dispute.
### Court Ruling: Food Delivery Platform to Return Salary Illegally Deducted
On March 24, 2023, the Nanjing Intermediate People’s Court of Jiangsu Province released the top ten typical labor and personnel disputes cases for the year 2023. One of these cases, involving a labor dispute with a food delivery rider, has attracted widespread attention. The court ruled that food delivery platform employers should publicly disclose rules regarding deductions and expenses to the workers in advance and bear the burden of proof for any facts that justify deductions. If the platform deducts the worker’s salary without justifiable reasons, it must be returned.
In this case, the food delivery rider, Xiao Zhang, had nearly half of his salary deducted by the platform due to mistakes made during his delivery work. Xiao Zhang was unhappy with this and believed that the platform’s salary deduction was unreasonable, so he sued the court.
After trial, the court believed that according to relevant provisions of China’s Labor Law, employers should explicitly inform workers of the reasons, standards, and procedures for salary deductions before deducting their wages. However, in this case, the food delivery platform failed to adequately inform Xiao Zhang about the deductions and did not provide justifiable reasons when deducting his salary. Therefore, the court ruled that the platform employer must return nearly half of Xiao Zhang’s deducted salary.
This judgment reflects the protection of workers’ rights and interests by Chinese laws. The Nanjing Intermediate People’s Court stated that they hope to raise the awareness of employers to comply with labor laws, standardize labor employment practices, and protect the legitimate rights and interests of workers through the release of such typical cases.
This case also serves as a warning to food delivery platform employers to strictly abide by relevant laws and regulations when deducting salaries from workers, to establish deduction rules in a reasonable and fair manner, and to fully inform the workers. Otherwise, if there is an illegal deduction without justifiable reasons, they will face legal responsibilities to return the salary.
Under this context, food delivery riders should also raise their legal awareness, understand their rights, and be brave in exercising their legal rights when faced with issues such as salary deductions. At the same time, society should pay attention to the protection of food delivery riders’ labor rights and jointly create a fair and reasonable labor environment.
【来源】http://www.chinanews.com/sh/2024/05-16/10217469.shtml
Views: 1