What should I do if the company does not wages?This method is easy to use, and you can also require economic compensation!

The main points of legal knowledge: The ownership of the employer is common for workers. Unless it is a very powerful employer, the workers may experience the arrears of salary. There are always various reasons for employers in the arrears of wages, and some may indeed be because the unit's operating conditions are not good and the salary is really difficult; some are because the employer is owed by others. It is purely dependent, using the wages of workers for other purposes. This arrears of wages are the most hateful, but it exists in practice. Regardless of the reason, if the wages of the arrears of the workers are not paid on time, they are illegal, and they must bear the corresponding legal liability according to law.

Regarding the ownership of the employer's arrears, most of the workers in the practice are complained to the labor administrative department, letters and visits, etc., and solve the problem of being arrears of wages through the pressure given by the employer given by the labor administrative department. Nevertheless, even if the labor department intervenes, some employers still find various reasons not to pay wages, and labor law enforcement is not strict in practice, so this method may not be the best. So, is there any more effective way to relieve the arrears of wages? Let ’s talk about the useful solution to the arrears of wages.

According to the provisions of Article 38, paragraph 1, paragraph 2 of the Labor Contract Law of the People's Republic of China, if the employer has arrears of wages of illegal acts, the workers can propose the termination of the labor relationship according to law; according to the "Labor Contract Law of the People's Republic of China" Article 46 The provisions of Article 46, if the workers are terminated by Article 38, the employer shall pay economic compensation to the workers.

It can be seen from the provisions of the two legal provisions above that if the employer has illegal acts that arrears wages, the workers can choose to be forced to resign. Due to the reasons of the employer, the labor relationship can also be required. Payment economic compensation. If the unit is indeed in arrears due to poor economic conditions, this reason is still affectionate, but in practice, many employers are maliciously arrears. In this case, it is better to fry the unit directly. If you want to compensate for work age, if you miss this opportunity, maybe one day you want to resign by yourself, this will not have any work age compensation. In order to better explain the meaning of relevant legal provisions, Xiaobian now shares a practical case involving the legal provision for your reference.

Introduction to the case: The plaintiff Zhang Mouyan sued the court that Zhang Mouyan joined the defendant Depei Company on July 5, 2012. The two parties signed a labor contract with the contract period from July 5, 2012 to July 5, 2015 Turning up. The job agreed in the labor contract is bilingual teachers in the pre -school teacher, with a salary of 2,500 yuan per month, and the salary is 26 to 25 last month. The payment date is the 20th. Stay in Zhang Mouyan's bank account.

Zhang Mouyan was forced to resign due to long -term arrears of wages due to Depei Company on July 9, 2013. Depei has been in arrears since April 2013, and has repeatedly discussed it. As a result, Zhang Mouyan sued Depei's request: First, pay the arrears of salary, the remaining salary of 4,000 yuan in April 2013, 6,000 yuan in June 2013, June 26, 2013 to July 9th, 2013 to July 9th, and the remaining remaining from June 26th to July 9th, 2013 The salary is 500 yuan, totaling 10,500 yuan; second, Depei is required to pay 6,000 yuan in economic compensation for the laborer contract due to arrears of wages. Depei did not reply.

Judgment view: After the court trial, Zhang Mouyan worked at Depei. The two parties signed a labor contract and a labor relationship. The legitimate rights and interests of the two parties were protected by law. Zhang Mouyan advocated that his monthly salary was 6,000 yuan, and he was forced to leave on July 9, 2013. In the labor dispute case, the employer shall be provided with the responsibility of the employer for the departure time of the workers and the salary payment. Accepting Zhang Mouyan's claim.

According to Zhang Mouyan's provision of bank transaction details, Depei only paid Zhang Mouyan's salary of 2,000 yuan in April 2013 and 2,592 yuan in June. The wage difference in June is 3408 yuan. According to the agreement of Zhang Mouyan and Depei in the labor contract, the salary period is from 26 to 25 last month. From June 26, 2013 to July 9, 2013, Zhang Mouyan's monthly salary was 6,000 yuan. Zhang Mouyan asked Depei to pay from June 26 to July 9, 2013 Improper, the court supports it.

Although Zhang Mouyan proposed to terminate the labor contract, according to the bank transaction details provided by Zhang Mouyan, it can be confirmed that Depei does not have a timely full payment of labor remuneration. Article 38 Paragraph 1 (1) In Article 46, Article 46, Depei shall pay Zhang Mouyan's economic compensation to Zhang Mouyan's working life. Zhang Mianyue's salary was 6,000 yuan. Zhang Mouyan asked Depei to pay 6,000 yuan in economic compensation for the termination of the labor contract. According to the court's accounting, Zhang Mouyan should have no improper request and the court supported. Results of the verdict: 1. Within ten days from the date of legal effect on the judgment, Depei paid Zhang Mouyan's salary difference of 4,000 yuan in April 2013, the wage difference between June was 3408 yuan, and June 26, 2013 to July, 2013 The salary on the 9th is 500 yuan. 2. Within ten days from the date of legal effect, Depei paid Zhang Mouyan's economic compensation of 6,000 yuan to lift the labor contract.

Lawyer comments: In this case, Depei has an illegal act of arrears of wages. One of the workers Zhang Mouyan proposed to relieve the labor relationship, pay the arrears of wages, and require the unit to pay economic compensation. It is supported by the court. The unit owes wages, and the workers will be forced to resign according to this and request compensation. In fact, it is forced to resign. In practice, it is necessary to note that the reason for the resignation of the worker must The employer fulfills the notice obligation.

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