The driving school is closed and the wage union is defending the rights of employees.
Legal aid lawyers: during the epidemic, wages, economic compensation, etc. should be paid according to law
Driving school shuts down and owes employees 3 months' salary
During the epidemic prevention and control period, in accordance with Beijing's requirements, face-to-face teaching cannot be carried out in car driving training. A driving training company in Beijing closed its doors and closed its business from February, and all employees stayed at home. Since March, employees of the company have been sent to the employee service center of the Shunyi District Federation of Trade Unions and the labor inspection department of Shunyi District to consult and complain about the company's wage arrears.
The labor administrative department of Shunyi District, the lawyer service team of the District Federation of Trade Unions, and the Houshayu Town Government and other parties have linked together to contact the driving training company to discuss the solution together. The company said that due to the withdrawal of major shareholders and the complete suspension of business due to the epidemic, the capital chain has been broken and it is impossible to come up with a mediation plan.
The anxious employee then applied to the Shunyi District Labor Dispute Mediation Center for legal aid and applied for labor arbitration. The lawyer service team of the Shunyi District Federation of Trade Unions went to the office on April 16th and 17th to process labor arbitration applications and legal aid procedures for more than 130 employees of the company.
During the arbitration hearing, employees asked to confirm the labor relationship with the company and pay the first four months of this year's wages, as well as the economic compensation for the termination of labor relations. At the hearing of the arbitration, the company agreed to pay the employee’s wages according to the payroll account, but the funds were difficult and did not agree to pay the economic compensation for the termination of labor relations.
The Arbitration Commission finally supported the employees' demands.
How to protect rights after being owed wages? Lawyers
Cao Zhiyong, a labor dispute mediator of the Beijing Federation of Trade Unions and director of Beijing Zhiyong Law Offices, combined with this case, made a detailed interpretation of how to protect rights after employees were owed wages during the epidemic prevention and control.
Question 1: The company's funds are difficult, can it delay the payment of employee wages?
Cao Zhiyong introduced that according to Article 26 of the "Beijing Wage Payment Regulations", if the employer is temporarily unable to pay wages due to production and operation difficulties, it should explain the situation to the laborers, and after consultation with the union or employee representatives , Wages can be deferred, but the maximum is 30 days.
In this case, a Beijing-based driving training company ceased business during the epidemic prevention and delayed payment of wages for more than 30 days, which constituted arrears of wages and failure to pay labor compensation in full and on time.
Question 2: If the company does not start work, can it not pay wages?
Lawyer Cao Zhiyong introduced that, according to Article 27 of the "Beijing Wage Payment Regulations", if the employing unit is not suspended or closed due to the worker's own reasons, within one salary payment period, the employing unit shall pay the laborer in accordance with the provision of normal labor. Wages; if it exceeds one wage payment cycle, the wages can be paid according to the new standard agreed by both parties according to the labor provided by the laborers, but it must not be lower than the city’s minimum wage standard; if the employer has not arranged for the laborers to work, it should be 70% of the city’s minimum wage standard pays workers’ basic living expenses. If the State or this Municipality provides otherwise, the provisions shall be followed.
Specifically in this case, the minimum wage in Beijing is 2,200 yuan. In the three months when the laborer does not provide labor, 70% of the 2,200 yuan wage is paid, which should be 1,540 yuan.
Question 3: If the employee resigns due to wage arrears, does the company have to pay financial compensation?
Cao Zhiyong introduced that according to the Labor Contract Law, if the employer fails to pay labor compensation in full and on time, the laborer may terminate the labor contract, and the employer shall pay economic compensation to the laborer.
"In addition to arrears of wages, there are some cases where workers can immediately terminate the labor contract without informing the employer in advance. For example, if the unit fails to pay social insurance premiums for the workers according to law; the rules and regulations of the employer violate the laws and regulations , Damages the rights and interests of the workers; the employers force the workers to work by means of violence, threats or illegally restrict personal freedom, or the employers illegally command or force the risk-taking operations to endanger the personal safety of the workers... The labor shall be terminated in the above circumstances In the case of contracts, employers should pay economic compensation to workers." Cao Zhiyong said.