Arrears Of Wages And Arrears Of Workers Are Still Arrested For Two Years.

Pingyi, a company owner Xie Mou malicious arrears of wages of employees more than 50 yuan, even using the method of hiding and changing the phone number refused to pay, recently, Xie was suspected of refusing to pay.

The crime was arrested.

Xie Mou is a legal representative of a livestock and poultry development company in Pingyi.

From April 2013 to May, in a short span of 2 months, thanks to the company's operating difficulties and the need for delayed wages,

Totaling more than 50 yuan.

Subsequently, Xie changed his cell phone number and began playing with the missing.

Pingyi County

After receiving complaints from the Social Security Bureau, the labor security deadline for rectification was delivered to Xie, and the employee was ordered to pay wages in the form of a notice, but he still continued to evade payment.

In March 10th, the workers reported to the Public Security Bureau of Pingyi County Public Security Bureau.

The police promptly obtained evidence of the company's refusal to pay the remuneration of the workers, and launched a touches on Xie. After more than 1 months of hard investigation, the police finally grasped the hiding place of Xie, and Xie Mou was arrested in a rental room in the county in April 13th.

After he was arrested, he acknowledged that he could afford to pay the wages of his employees. However, he was malicious in arrears, pferring property and escaping from hiding.

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In July 2009, Ms Xu worked in a private enterprise after graduating from university.

In December 2014, Ms. Xu submitted a letter of resignation to the company and explained that he was forced to resign because of the company's failure to pay the housing provident fund. At the same time, he asked the company to issue a certificate of resignation and handle the declaration procedure of unemployment insurance.

The company commended that the woman resigned voluntarily and could not receive unemployment insurance payment.

In that case, the employees resigned because they did not pay the provident fund, could they receive unemployment insurance benefits?

The forty-fifth provision of the social insurance law stipulates that: "if the unemployed meet the following conditions, they shall receive unemployment insurance benefits from the unemployment insurance fund: (1) the employer and the employer have paid the unemployment insurance premium for 1 years before the unemployment," (two) the employment is not interrupted because of their wishes; (three) the unemployment registration has been carried out, and there are job requirements.

The article stipulates: "no interruption of employment due to my wishes includes the following situations: (1) termination of labor contracts in accordance with forty-fourth items, first items, fourth items and fifth provisions of the labor contract law; (two) the termination of the labor contract by the employer in accordance with the provisions of the labor contract law thirty-ninth, fortieth and forty-first; (three) the employing unit shall, in accordance with the provisions of the employment contract law, stipulate the termination of the labor contract to the laborers and terminate the labor contract with the laborers through consultation; (thirty-sixth) the employer shall rescind the employment contract or the employer dismissal, remove the name and expel the employee; (the worker) himself shall terminate the labor contract in accordance with the provisions of the employment contract law; (b) other circumstances stipulated by the laws, regulations and rules." provisions on the implementation of the "social insurance law of the People's Republic of China" thirteenth

The unit does not pay provident fund, whether the worker can resign accordingly, the stipulation is not clear.

However, in the eighteenth tenth provisions of the regulations on the implementation of the labor contract law, if the employing unit violates the mandatory provisions of the laws and administrative regulations, the laborer may terminate the labor contract.

If the employer fails to pay the provident fund, is it a violation of the mandatory provisions of the laws and administrative regulations? The twentieth provision of the regulations on housing provident fund management stipulates: "the unit shall pay the housing accumulation fund on time and in full, and shall not overdue payment or Shao Jiao."

The thirty-eighth provision: "in violation of the provisions of this Ordinance, the unit fails to pay or pay less housing provident fund within the time limit, shall be ordered by the housing provident fund management center to pay the deposit within a prescribed time limit: the people's court shall apply for compulsory execution if it fails to pay the deposit within the time limit."

Accordingly, paying the provident fund for employees is the legal obligation of the employer. The employer fails to pay the deposit, which is a violation of the mandatory provisions of laws and administrative regulations.

In this case, the company did not pay the provident fund in accordance with the law. Ms. Xu resigned accordingly. It was "not interrupted because of my intention to work" and could enjoy unemployment insurance.