Original title: in these 3 cases, you can ask your boss for wages without going to work.
In reality, employees have been suspended from duty because of a failure to cause a unit loss; the unit is required to leave the job because of the unit integration department; the phenomenon that the personnel files have not been moved out of the labor contract has often occurred. So, can employees in these situations ask for wages in the corresponding time?
Jiang is a shipper of a company. On March 6, 2017, due to Jiang's mistake in filling in the address of the bill of lading and not checked, resulting in the wrong delivery of goods, resulting in a loss of 1217 yuan.
In order to give a "long point" to a "long point", and to let other employees take it as a warning, the company reacted a week to write a review and read it at the staff meeting.
Since then, when Jiang received a monthly salary, he was found to have been deducted from a week of suspension and reflection. In this regard, the company gave the reason that, because it did not provide labor for the company during the above period, and did not create benefits for the company, according to the principle of "pay pay", Jiang did not have the right to obtain wages.
The company's practice is wrong.
Whether or not Jiang can get his salary depends on whether his suspension of self-examination is part of his duties. If they are to perform their duties, the company must pay wages to them.
The performance of work responsibilities refers to the activities of production, operation and other work within the scope authorized or directed by the employing unit. If the behavior of an employee is beyond the scope of authorization, but the form of expression is to perform its duties or have an internal connection with the performance of its duties, it should also be identified as the act of performing the duties of the job.
To sum up, although Jiang's ordinary identity is the shipper, the daily duty is for delivery, and the identity and responsibility have been temporarily relieved during the company's shutdown. However, this is not Jiang no longer has the responsibility to perform, in essence, in accordance with the requirements of the company in the period of "reflection", the "reflection" also belongs to the performance of responsibility. At this point, its "introspection" behavior is regarded as "other work activities" arranged by the company.
As for whether the company asks Jiangmou to compensate for the loss, we should make another comment on it. The company has the obligation to pay for its wages during the above period.
Unit department integration, employees enjoy wages during their stay.
Qiu and other 3 people are employees of a company. In May 15, 2017, due to the overlapping and cross between some of the work functions of Qiu and other departments and other departments, the phenomenon of mutual prevarication, wrangling, rolling and low efficiency appeared in the work. The board of directors of the board of directors discussed and decided to integrate the two departments, re organize a new department and exercise corresponding powers.
During the trial run of the new department, the company decided to leave only 60% of the people on the job, and all the others would leave temporarily and go home to wait for notification.
Qiu and other 3 people were waiting for the job. After a month, they were informed of the new job, but the company refused to pay their wages for the period of leaving jobs.
The company's practice is wrong.
"Wages and payment Provisional Regulations" Twelfth stipulates: "the employer shall pay the wages according to the standards stipulated in the labor contract. More than a wage payment cycle, if the workers provide normal labor, the remuneration paid to the workers must not be lower than the local minimum wage standard; if the workers do not provide normal labor, the relevant provisions of the state should be handled. "
The fifty-eighth article on the implementation of the "labor law" also points out that: "the enterprise laid-off workers, the enterprises shall pay their living expenses according to the relevant regulations of the local government, the living expenses can be lower than the minimum wage standard, the laid-off workers are reemployed, and the enterprises should stop their living expenses."
To sum up, the unit should pay the full wage to the workers in the first month for the reasons that are not due to workers, and the basic living expenses will be paid to the workers from the second months. As a result, Qiu and other 3 people have the right to pay their wages in accordance with the law.
The unit withholds the file, the employee has no right to pay but can claim.
Guo was dismissed because he quietly managed products that competed with the company during the labor contract and failed to heed the warning. Since then, the company has been refusing to move Kuo's personal files out of all kinds of excuses.
The company's behavior led to 4 months of continuous employment in Kuo.
In August 1, 2017, Guo's file was still in the company to show that it still belonged to the staff of the company, and asked the company to pay the wages of the file that did not move out, but it was rejected by the company.
The company's reason is that the retention of files is not equal to the existence of labor relations, moreover, Guo Mou has actually left the company, did not continue to do any work in the company, so there is no obligation to pay wages to them.
Kuo's experience can be understood and dealt with in the following two aspects:
On the one hand, Guo has no right to ask for wages.
The second provisions of the regulations for the management of enterprise staff and workers: "the file of the employees of the enterprise is the personal experience, political thought, technical level, performance and work of the workers, organizations, personnel and other departments in the employment, allocation, training, assessment, reward and punishment, selection and appointment. Document material for change and so on ".
Labor relations refer to the social relations between employees and units, where one party provides labor and the other accepts and pays.
Since there is no necessary connection between the company's archives and the labor relations between the two sides, that is, the employee files are not equal to each other's labor relations in the company, so Guo can not ask the company to ask for wages only on the company's file.
On the other hand, the company must bear the liability of compensation.
Article 84 of the Labor Contract Law stipulates that the employing unit shall be liable for compensation if it detains the workers'files and causes damage to the workers. That is to say, the company has no right to detain Guo's files in any case, otherwise, it must compensate Guo for the loss.
Source: Workers' daily
Editor in responsibility: Yu Pengfei
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