The Labor Department Ordered That Wages Be Paid, And That Employees Should Be Paid Additional Compensation.

In late November 2013, Zhang went to a garment company to do lathe work.

In August 12, 2015, Zhang complained to the local labor supervision department and asked the garment company to issue 5 months' arrears.

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After seeing the situation reflected by Zhang, the supervisory department sent orders to the clothing company to order the correction order, and restricted the garment company to issue the labor remuneration within a specified time limit. If the overdue payment was not paid, the compensation should be paid to Zhang by 100% of the payable salary.

After the expiration of the deadline, the clothing company still delays payment for various reasons.

Zhang then applied for arbitration to the local labor and personnel dispute arbitration committee and asked the garment company to pay labor remuneration and compensation.

After the trial, the Arbitration Commission held that

"Article eighty-fifth stipulates that the employer fails to pay labor remuneration in full and in accordance with the stipulations of the labor contract or the state regulations, and pays wages for workers below the local minimum wage standard. The labor administrative department shall order the time limit to pay or supplement.

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Overdue payment shall be paid to the worker according to the standard of the amount payable above 50% and less than 100%.

It is illegal for the clothing company to default on labor remuneration for 5 months without any reason.

The clothing company should reissue the remuneration of labour in time within the deadline, but the company still refuses to fulfill its obligations.

Therefore, Zhang asked the clothing company to pay additional compensation, which is in conformity with the law.

Finally, the Arbitration Commission ruled that the clothing company paid a total of 25 thousand and 500 yuan for labor remuneration and compensation.

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The unit does not pay in full the wages of Liang Liang, Liang proposed to terminate the contract, whether to enjoy economic compensation?

Liang was assigned to work in a mechanical factory in Rongcheng in 1979. In 2001, a company in Ningxia incorporated and incorporated a mechanical technology company in Shandong (hereinafter referred to as the machinery company).

In early 2013, Liang worked as deputy general manager in accordance with the company's arrangement, and the monthly salary was 4000 yuan.

At the end of 2013, the Ningxia company pferred all its holdings to a trading company in Shanghai.

In January 1, 2014, the machinery company issued a notice of dismissal of managerial personnel to Liang, relieving Liang's duties.

Since February, Liang has been working normally, but the machinery company has not arranged its work, and only paid 70% of its wages according to the minimum wage standard of Weihai.

In August 31, 2014, Liang wrote to the unit to resume work, distribute normal wages, or terminate the labor contract in accordance with the law, and the unit pays economic compensation.

In September 13th, the machinery company issued a notice to terminate the labor contract to Liang, agreed to terminate the labor contract, and said that the unit was to terminate the labor contract of the two parties according to the requirements of Liang. According to the provisions of the twenty-eighth and eighth items of the Shandong labor contract regulations, the unit could not pay the economic compensation.

In November 3, 2014, Liang submitted an arbitration application to the Rongcheng labor and personnel dispute arbitration committee, requiring machinery companies to reissue wages and pay financial compensation.

After the ruling of the Arbitration Commission, the machinery company refused to accept the case and filed it with the Rongcheng municipal court.

The court held that Liang was working normally, but the machinery company did not arrange work for no reason. Therefore, he should pay wages according to the wage standard provided by Liang during the normal working period.

According to the provisions of the thirty-eighth and 46 articles of the labor contract law, if the employer fails to pay the labor remuneration in full and in time, the worker may propose the rescission of the labor contract, and the employing unit shall pay the economic compensation.

In this case, although Liang proposed the lifting of the labor contract between the two parties, the machinery company did not pay the labor remuneration in time and in full, so the case did not comply with the provisions of the twenty-eighth and eighth items of the Shandong provincial labor contract regulations, and the machinery company should pay economic compensation to Liang Mouzhi.

Thus, the court ruled that the mechanical company paid Liang Yuan a wage gap of 24468 yuan from February 2014 to September and an economic compensation of 144000 yuan.

After the first instance decision, the machinery company still refused to appeal to the Weihai intermediate people's court.

After the trial, the court dismissed its appeal and upheld the original judgment.