Wuxue City Sentenced The First Case Of Refusing To Pay Labor Remuneration

Recently, Zhang Mou, owner of a factory in Wuxue, Hubei, was sentenced to eight months' imprisonment and a fine of ten thousand yuan for the crime of refusing to pay labor remuneration by the Wuxue Municipal People's court. This is the first case in Huanggang which was investigated for criminal responsibility for refusing to pay labor remuneration since 2011, in accordance with the provisions of the criminal law amendment (eight).

In August 11, 2014, Zhang Mei, a city in Meichang town of Huanggang, was unable to pay 36 yuan employees, such as Hu Mou and Mei Mou, for more than 12 yuan in the past three months due to poor management and capital turnover. Then they closed their clothing factories and fled to Wenzhou and changed their phone numbers. After receiving complaints, the Federation of trade unions of Wuxue city came forward several times to help pay salaries. In August 27th, the labor supervision department issued a "labor security supervision deadline correction order" according to Zhang's clothing factory, and ordered the workers to pay wages, but Zhang still hid and refused to pay the arrears of wages. After Zhang was arrested in October 2014, he paid the salaries of all the employees and obtained them. staff Understanding.

After hearing the court in Wuxue, Zhang believed that Zhang avoided payment by escaping. Worker Of Labor remuneration The amount is relatively large, and it is still not paid by the Municipal Federation of trade unions and the relevant government departments, and its behavior constitutes a crime of refusing to pay labor remuneration. In view of Zhang's pleading in court, his behavior has not yet caused serious consequences, and he paid the laborers' labor remuneration before the first instance sentence, and assumed corresponding compensation liability according to law.

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When the old employee submitted to the company after he resigned, he was assigned to the new company registered at the same address. After that, he was expelled from the company. After that, he was dismissed. How did he calculate his working life? Recently, the people's Court of Xiamen District of Fujian province tried a special labor dispute case in the District of Jimei, Xiamen. The age of the plaintiff in the first instance was determined by the combination of the two years' working experience of the former and the former, and the defendant Sanshui company (alias and plaintiff) paid 100 thousand yuan for the compensation.

Ah Shi entered Ruyi company (alias) in September 1996 to engage in spectacle assembly. In December 2011, Al Shi resigned from Ruyi company, Ruyi company did not pay financial compensation. In January 1, 2012, a stone entered Sanshui company to engage in the assembly of presbyopic glasses, and signed a labor contract for 3 years. The memorabilia of Ruyi company celebrations has recorded that in April 2008, Sanshui company was set up. In February 12, 2014, Ruyi company cancelled its merger with Sanshui company, and all debts and debts were undertaken by Sanshui company.

In April 10, 2014, Sanshui lifted its labor relations on the ground of a violation of the company's rules and regulations and destruction of company property. In June 4th of the same year, Sanshui company reported that the semi-finished lens was deliberately damaged, but the police did not file a case.

In July 6, 2014, the Labor Arbitration Commission ruled that Sanshui company paid 9033.2 yuan to the stone company. However, both sides disagreed with the arbitral award and filed a lawsuit against the court.

Ah Shi believes that its work from Ruyi company to Sanshui company is arranged by the original company, and the workplace and jobs are unchanged. The two company is affiliated company. Its resignation in 2011 was a false resignation. The Department was not assigned to work in the new unit for reasons of itself. Therefore, when calculating the working years, the working life of the new and old units should be combined. The Sanshui company's dismissal of its behavior was an illegal termination of the labor contract, so the court was asked to order the Sanshui company to pay the compensation for the illegal termination of the labor contract by 134 thousand yuan.

Sanshui company believes that the company's dissolution of the labor contract with Al Shi is due to its deliberate damage to the lens, which is reasonable and lawful. In addition, Sanshui company relocated in April 2013, and Ruyi company is two independent legal entities, not affiliated companies. Ah Shi resigned for personal reasons. There was no coercive situation of Ruyi company. He signed a labor contract in January 1, 2012. The length of service should be calculated from that time and should not be combined with the previous years.

In the course of the trial, according to the application of Al Shi, the court obtained the list of social insurance contributions from Ruyi company and Sanshui company from November 2011 to February 2012 from the tax department, showing that in December 2011, among the employees of Ruyi company's insurance, 33 people were insured in Sanshui company in January 2012. One of the witnesses testified that in November 2011, a total of 34 colleagues, including Al Shi, were asked to fill out their resignation orders and were then adjusted to work in Sanshui company.

After the trial, the court held that, in the event of a labor dispute, the parties concerned have the responsibility to provide evidence for their claims. Sanshui company expelled Alice from the company's violation of the company's rules and regulations and sabotage of its property. However, the evidence provided by him failed to prove that the company had committed damage to the company's property. Although the Sanshui company had called the police to deal with it, the police did not initiate a case investigation and did not produce the result. The lens of Sanshui company was damaged and could not be identified as Ai Shi. Therefore, the Sanshui company expelled the stone from it and lacked the facts and legal basis. It should be regarded as a labor contract for illegal dissolution and Ai Shi.