After Being Hired, The "Idle" Unit Still Needs To Pay Wages.

Recently, Gao Xiayun and other 9 employees reported to the newspaper that they signed a three year labor contract with a company two months ago.

The contract provides a base salary of 2000 yuan plus royalty.

Up to now, the company has not arranged for them to take up posts.

That is to say, they were "idle" for so long.

The reason why the company did not arrange their work was that there were many problems in the new equipment purchased by the company, and the plan to increase the assembly line was blocked, so they had to hang them aside.

However, when they requested payment of wages according to the contract, the company explicitly refused.

The reason why the company refuses to pay wages is that the tenth provision of the labor contract law stipulates that the employer and the laborer conclude labor contracts before the employment, and that the labor relations shall be established from the date of their employment.

In other words, labor relations are established from the date of employment.

Because the company did not work for them, they did not work, and they had no right to get anything for nothing.

What's more, the company believes that they have paid 300 yuan per month to their living expenses, not to mention what kind of wages.

In response to the above 9 employees' questions, the judges who accepted the consultation said that the reasons for the company could not be established, that is, they had to pay wages to you.

The reason for this is that the company must bear the corresponding responsibilities.

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"Twenty-ninth and thirtieth stipulate separately:" employers and workers should fulfill their respective obligations in accordance with the stipulate of the labor contract. "

"The employer shall pay the workers in full and in time in accordance with the stipulations of the labor contract and the state regulations."

The twelfth section of the Interim Provisions on wage payment also states: "the employer should pay the wages of laborers in accordance with the standards stipulated in the labor contract if the unit stops or stops production due to the reasons of the workers.

If more than one wage payment cycle is provided, if the worker provides normal labor, the remuneration paid to the worker must not be lower than the local minimum wage standard; if the worker fails to provide normal labor, it should be handled according to the relevant regulations of the state.

That is, employment, labor and salary cannot be equated.

Because the above 9 employees are not able to work normally because the company's plan is blocked, it is a "non worker reason" to stop work. This decides that the company should bear the responsibility as the first month, should pay the salary according to the standard stipulated in the labor contract.

Two, more than one month, wages shall be paid according to the minimum wage stipulated by the people's Government of the province (autonomous region or municipality directly under the central government), or by 80% of the local minimum wage standard.

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Although the company gave them living expenses, it was far below 80%.

From the perspective of civil legal relationship, the company must bear the responsibility for contracting fault.

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"The forty-second provision states:" a party shall be liable for damages if one of the following circumstances causes a loss to the other party in the process of concluding a contract: (1) a malicious negotiation shall be made if the contract is signed; (two) the concealment of important facts related to the conclusion of the contract or the provision of false circumstances shall be deliberately concealed; (three) there are other acts contrary to the principle of good faith. "

That is, contracting negligence liability refers to the civil liability for compensation when a contracting party intentionally or negligently violates his obligations and causes losses to the other party.

Because the above 9 employees signed a labor contract with the company, the purpose is to obtain remuneration through labor, and the company neither arranges your work nor pays wages or provides the living expenses according to the regulations, resulting in the failure to achieve the purpose of the contract, which is obviously against the principle of good faith and damages the trust interest of the employees, which determines that the company must bear the losses suffered by the employees.