Claiming to pay "individual insurance premiums" actually deducts the wages of migrant workers
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Enterprises deduct wages under the guise of paying "individual insurance premiums" and confuse "payable wages" and "real wages". Migrant workers apply for resignation after work-related injuries, and they receive economic compensation for deducting wages.
The lawyer reminded that companies facing malicious job-hopping and resignation of migrant workers should negotiate and agree on breach of contract clauses in the labor contract in advance, and the law should punish dishonest persons. Do not solve the problem by privately deducting wages. Instead, they should keep people "hearted."
The actual wages paid are 300 yuan less than the payable wages each month. What should I do if I am denied arrears of wages and compensation when the labor relationship is terminated?
On April 12, a labor dispute over “deduction of wages” or “legitimate payment of social security fees” came to an end: The People’s Court of Jinzhou District, Dalian City, Liaoning Province issued a civil judgment and sentenced a woodware factory in Dalian to pay Inner Mongolian migrant workers. Wang Feng’s deduction of 2,100 yuan from his wages and 30,250 yuan of economic compensation for termination of the labor contract...So far, the 29-month lawsuit has been concluded, and Wang Feng has a long sigh of relief.
A reporter from the Workers’ Daily found that some companies deducted the wages of migrant workers under the guise of paying “individual insurance premiums” and went to court. On the contrary, “the gains outweigh the losses”.
Monthly deductions are said to pay social security, but the bank turnover is 300 yuan less than the salary table
In July 2014, Wang Feng came to Dalian from Inner Mongolia to work as an electrician in a woodware factory in Dalian.
When entering the job, it was agreed verbally that if you do not pay the urban social insurance, you will get a monthly salary of 7,000 yuan, and if you pay "social security", the unit will deduct the 1,500 yuan premium paid by the unit.
In addition, another 300 yuan of wages are deducted every month and paid together as a welfare at the end of the year. The purpose of this is to worry that migrant workers will switch jobs when half of their work is done.
"I wanted to work in Dalian for a long time. If the unit can provide me with insurance, I can retire when I get older." Wang Feng said that the money in hand is less, but the future is solid.
As a result, Wang Feng’s monthly salary of 5,500 yuan was marked on the company’s salary list, but actually it was 5,200 yuan per month on Wang Feng’s card.
During the first four years of work, there is nothing wrong with each other, and the company will pay 3600 yuan "withholding wages" at the end of each year.
On October 22, 2018, Wang Feng was injured at work and suffered a compression fracture of the lumbar vertebral body.
On March 21, 2019, the Dalian Municipal Labor Ability Appraisal Committee made a work injury appraisal and identified the disability as an eighth class.
Since the enterprise paid “social insurance” for Wang Feng, his work-related injury benefits should be paid by the work-related injury insurance fund, and the unit does not bear any compensation.
Unable to work in the original position, Wang Feng proposed to terminate the labor relationship and was rejected when he applied for compensation for termination of the labor contract.
Wang Feng told reporters that after his work-related injury was discharged from the hospital, food was a problem at the time, and he left several law firms to inquire about the lawsuit. At least 10,000 yuan was required for the lawyer's service fee.
After the Dalian Public Legal Service Center learned about the situation, it assigned Wang Jinhai, a lawyer from Beijing Yingke (Dalian) Law Firm, to provide legal assistance.
On December 30, 2019, Wang Feng sent a notice of termination of the labor contract to the company and applied for labor arbitration on the grounds of "deduction of wages", and began active rights protection.
The company argues that "withholding wages" is "individual insurance premiums"
On April 10, 2020, the Labor and Personnel Dispute Arbitration Committee of Jinpu New District, Dalian City ruled that a woodware factory in Dalian paid Wang Feng a deduction of 2,100 yuan in wages (March to December 2019), and economic compensation for termination of the labor contract was 30,250 yuan, a one-off The disability employment subsidy is 88,000 yuan and the total is 141,000 yuan.
The woodware factory refused to accept the ruling and sued the court.
"The 300 yuan deducted every month is the'personal premium' that Wang Feng should bear. Our company has actually paid the social security center, and there is no deduction problem." During the court trial, Zhang Yanqing, an agent entrusted by a woodware factory in Dalian, defended.
Articles 38 and 46 of the "Labor Contract Law" stipulate that if the employer fails to pay the labor remuneration in full and on time, the laborer may terminate the labor contract, and the employer shall pay the laborer economic compensation.
According to the woodworks factory, there is no deduction, and naturally there is no need to pay compensation.
After the trial, the court held that the employer detained Wang Feng’s salary of 300 yuan per month without any legal basis. Wang Feng requested the termination of the labor relationship on this ground. The employer should pay one month’s salary compensation for every year of work.
For the “social security” paid by the unit deducting the wages of workers, it is possible to withhold and pay the part that the individual should bear, but the unit has not stated in advance that the 300 yuan is the part of the individual payment, and the part of the individual payment cannot be returned to the worker as a benefit.
The unit was at fault, and Wang Feng could use this as an excuse to request the termination of the labor relationship.
On April 12, the People's Court of Jinzhou District of Dalian City ruled that the woodware factory should pay a total of 141,000 yuan for deduction of wages and economic compensation for the termination of the labor contract.
Don't play word games, but keep people with "heart"
Wang Jinhai used this case as an example to remind employers not to play the word games of “should send” or “actual send”. In order to reduce labor costs, they deducted wages under the guise of paying “social security”. In the end, it was him who was injured. Without deduction of 300 yuan per month, the labor contract economic compensation of 30,250 yuan in this case did not have to be paid.
Because in accordance with the relevant provisions of the "Labor Contract Law", if the employee voluntarily proposes to terminate the labor contract, or the employer increases the wages of the labor contract but the employee is unwilling to renew the contract, the employer may not pay the economic compensation.
At the same time, Wang Jinhai also suggested that employers can keep migrant workers in a "hearted" way of retaining people instead of "detaining" them by improving the benefits of migrant workers, opening up channels for promotion, and creating a good working environment.
Faced with malicious job-hopping or resignation, migrant workers should negotiate the breach clause in the labor contract in advance, and the law will sanction the dishonest persons, and do not solve the problem by privately deducting wages.
(The party is a pseudonym)
Liu Xu