Wages Should Be Paid In Advance On The Day Of Pay On Payday.

Q: when Xiao Zhang was working in the field, relatives in Shandong's hometown suddenly called to inform their mother of illness and asked Xiao Zhang to go back to Shandong to take care of her mother.

Xiao Zhang's salary is 7 days per month. Xiao Zhang proposed to return home in February 7th after receiving this month's salary.

The unit proposes that the Spring Festival holiday will be held from February 7th to February 13th, and the pay day will be postponed until February 14th.

Xiao Zhang is very puzzled. If payday meets public holidays or statutory holidays, can the unit delay the payment of wages?

Comment: employers should pay wages according to the date stipulated in collective contracts or labor contracts.

The agreed wage payment date shall be paid in advance on the nearest working day when the statutory holiday or rest day is met.

It should be paid at least once a month.

(implementation of annual salary system for operators shall be carried out in accordance with relevant regulations).

When the employer pays wages for workers in weeks, days and hours, the working hours are calculated according to 8 hours per day, 40 hours per week, and 21.75 days per month.

Completion of one-off temporary

The employing unit shall pay wages within 3 working days after the completion of the work task.

To sum up, it is unreasonable for Xiao Zhang to postpone the payment of wages when he meets statutory holidays. He should pay in advance on the nearest working day.

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Yang is a staff member of a construction company.

In March 16, 2015, the intermediate people's court ruled that the construction company entered bankruptcy proceedings.

In May 20th, Yang directly sued to the hospital, requesting the construction company to pay labor remuneration and economic compensation totaling more than 28 yuan.

Should Yang's proposal be preceded by a labor dispute arbitration procedure?

The author believes that although Yang's claim is in the form of labor disputes, the employer can only exercise his claim for confirmation of creditor's rights because he has already entered the procedure of bankruptcy and debt repayment. He does not have to go through the preposition procedure of labor dispute arbitration.

The reasons are as follows.

In the current legal framework, although the arbitration preposition is a general procedure for handling labor disputes, in order to protect the interests of creditors, the enterprise bankruptcy law has made clear provisions on the liquidation of various types of claims.

At this time, the laborer makes a request for the payment of the labor creditor's rights, and the ruling organ can not decide that the bankrupt enterprise will pay the related creditor's rights within a specified time limit, but confirms that the laborer has the corresponding labor creditor's right for the bankrupt enterprise, and then pays the proportion according to the law in the bankruptcy liquidation procedure according to law.

According to the provisions of the Supreme People's Court on the causes of civil cases, such cases can be directly identified as "confirmation of bankruptcy bankruptcy claims".

Therefore, this kind of dispute has been treated by ordinary civil disputes after the employer has entered the bankruptcy procedure.

In addition, it can be seen from the existing law that such disputes are different from the general procedures for dealing with labor disputes.

The forty-eighth section and second paragraph of the enterprise bankruptcy law stipulates that the wages and medical expenses, disability allowance and pensions expenses owed by the debtors shall be included in the basic old-age insurance and basic medical insurance expenses that should be included in the employee's personal accounts, and the compensation that should be paid to the employees in accordance with the laws and administrative regulations.

If the staff and workers have objection to the records of the list, they may ask the administrator to correct them; if the administrator does not correct them, the staff and workers may bring a lawsuit to the people's court.

This law gives the laborers the right to direct prosecution without labor disputes.

Compared with the labor law and the labor dispute mediation and arbitration law, the enterprise bankruptcy law is a special law in dealing with the labor claims of bankrupt enterprises. According to the principle of special law superior to the general law, the provisions of the enterprise bankruptcy law shall apply, and the workers can directly sue the people's court for their labor claims, without having to go through the preposition procedure of labor dispute arbitration.

At the same time, the twenty-first provision of the enterprise bankruptcy law stipulates that after the people's court accepts the bankruptcy petition, the civil litigation of the debtor can only be brought to the people's court that accepts the bankruptcy application.

The "civil litigation relating to debtors" of course includes labor disputes, so the intermediate people's court has jurisdiction over the case.