If We Refuse To Pay Remuneration, We Must Also Prosecute The Unit Concerned.

Recently,

Taixing procuratorate successfully prosecuted a unit crime, prompting the defendant unit to actively pay the remuneration of the employees.

In July 2013, yifai registered a natural person holding Taixing City wolf wolf Clothing Co., Ltd. (hereinafter referred to as "the wolf company"), and served as the legal representative.

In February 2014, the employees of the company reported to Taixing human resources and Social Security Bureau (hereinafter referred to as the Bureau of human resources and Social Affairs) that ye Fei owed wages.

Issued by the Bureau

After monitoring the deadline for correcting the instructions, ye Fei escaped and the Bureau of human resources and social affairs pferred the case to the public security organ.

In April 10, 2014, ye Fei was captured by public security organs.

It was found that ye Fei owed 63 employees, such as Yin and Mou, to 43 yuan in labor remuneration.

Cases pferred to Taixing procuratorate for examination

After examining the case prosecutor, he believed that the legal representative of yifi company owed wages to the company for the sake of the company's interests. Its behavior should be identified as unit behavior, and the company has a fixed factory building and more than 20 employees. It is in line with the scope of criminal responsibility of the unit and should be investigated for the company's responsibility by refusing to pay labor remuneration.

At the same time, it requires the company to actively pay the remuneration of employees.

During the trial, the review of Yate wolves was adopted by the court.

In December 2014, the court sentenced Ye Fei to one year's imprisonment and punished 50 thousand yuan for refusing to pay labor remuneration, and sentenced the defendant unit to 100 thousand yuan for the company, and ordered the company to pay 43 yuan for the remuneration of 63 people, such as Yin and yam.

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I am an employee of a company.

When entering the company in 2013, he signed a labor contract with the company. The contract clearly stated that it was standard labor hours.

During the later work, the unit arranged for me to work overtime several times, but I never paid overtime.

The company said that my working hours belonged to the comprehensive working hours, which was inconsistent with the labor contract I signed.

I would like to ask how to deal with this situation.

Lawyer reply: Cheng Zhengfang and Zhang Guochen lawyer of Tianjin water beating law firm replied that the company did not explicitly stipulate the standard labor hours in the labor contract signed at the time of your entry, but refused to pay overtime fees on the basis of the comprehensive working hours employment system. There is no factual basis and legal basis.

First of all, labor contract is a special form of contract, but it belongs to the category of contract.

Therefore, labor contracts should also be subject to the principle of contract, including the principle of good faith.

Your company still fails to perform in accordance with the contract in a definite contract. It violates the obligations stipulated in the contract and violates the principle of good faith, which is improper.

Second, according to the provisions of the "wage payment regulations", the thirteenth "labor contract signed by the employer for a comprehensive working hours must be examined and approved by the labor administrative department". The letter does not reflect the fact that the company has produced the approval document of the labor administrative department to you, that is, there is no labor contract agreement with comprehensive working hours.

In summary, your overtime payment shall be calculated in accordance with the thirteenth provisions of the "wage payment regulations" concerning "standard working hours overtime pay".