Workers Must Be Provided With Labor As A Prerequisite For Their Remuneration For Labor.

In December 6, 2013, Gao went to a building material company as a salesperson.

At the end of May 2016, Gao asked the building materials company to reissue the labor remuneration from January 2015 to April 2016, and then filed an arbitration application with the local labor and personnel dispute arbitration committee, requiring the building materials company to reissue 48 thousand yuan in labor remuneration and 12 thousand and 300 yuan in economic compensation.

The building materials company argued that the labor remuneration paid by Gao a in 1-3 months in 2015 has already been paid. However, since April 2015, Gao has not worked attendance at the company, nor has provided labor.

Gao has no right to ask for replacement of labor remuneration.

。

The Arbitration Commission heard that the staff of a recognized building materials company submitted by Gao.

However, it is not considered necessary for attendance as a salesperson.

Other staff engaged in business sales of building materials company have attendance records during that period, and have also obtained corresponding records.

And Gao also had attendance records during the 10-12 month of 2014, which contradict Gao's assertion that salesmen do not need attendance.

However, according to the evidence provided by Gao, it has relevant evidence of business dealings with building materials companies in different months during that period. It can be identified that Gao has provided labor for building materials companies in the relevant months during that period, and has the right to obtain corresponding remuneration for labor.

In the end, the Arbitration Commission decided to pay a labor remuneration of 26 thousand and 800 yuan in a related month by the building materials company.

Related links:

Li entered a company in Mengyin County in March 5, 2015.

In November 10, 2015, Lee injured his right foot in his work and was identified as a work-related injury. He was later certified to be a 8 grade disability.

After Lee was injured, the company gave Lee 12 months' pay off period.

In May 2016, li felt very well. He went to nearby to find a temporary job for cleaning the door. The monthly salary was 1500 yuan.

From November 2015 to April 2016, Li's pay off time wage company was distributed monthly, and it was no longer released after July 2016.

Lee went to the original company to ask why. The company said that it had been engaged in second occupations since May, and should not pay any wage suspension. 5 to June, it should also be returned.

Li then went to the local labor and personnel dispute arbitration commission to submit an arbitration application, requiring the company to issue the pay off salary in July and continue to extend it to October.

According to the Arbitration Commission, the pay off period is not the remuneration paid by the company, but rather the compensation for work-related injury insurance.

For workers who are in the pay off period due to work-related injuries, even if no labor is provided, the employer should also pay wages for the period of suspension.

Li can provide labor during the period of suspension and salary, which means that the time limit for the need to suspend work and receive medical treatment for work injury has undergone a real change. The period of suspension of the stay is naturally terminated, and the statutory conditions for the payment of wages for the period of suspension of work are disappearing.

The Arbitration Commission presided over the mediation, the company has issued 5 to June pay off wages will not be required to refund, Lee withdraw the arbitration request, return to the original company to work.