Teachers In Private Schools Should Also Receive Full Pay When They Leave School.

Every school has its summer and winter holidays every year. During the rest of these holidays, all teachers should receive regular wages in full. However, Han Lixiu and other 3 kindergartens deliberately misinterpreted the system of "distribution according to work" which the state has been implementing, and refused to pay full wages to them on the grounds that they did not pay for their work during the holidays.

Han Lixiu said that the 3 of them worked in the same kindergarten, and their positions were all teachers. At the beginning of this year, the kindergarten decided to leave the winter vacation in accordance with the requirements and practices of the local government. On the grounds that it was only "private" instead of "public", it said it could only pay for all teachers.

The kindergarten head also said that because Han Lixiu and other teachers did not provide any teaching services or other jobs for kindergartens during the winter vacation, nor did they create any economic benefits or other benefits for the kindergartens, they could not pay them full wages during the winter vacation according to the standards stipulated in the labor contract.

Although Han Lixiu and others refused to accept the kindergarten decision and protested, the kindergarten insisted on its own opinion and refused to correct it. Han Lixiu wants to know why and why kindergartens do this. If kindergarten practices are illegal, what measures should they take to safeguard their legitimate rights and interests?

As for the problems reflected by Han Lixiu and others, I interviewed leaders in education and labor departments, as well as judges and lawyers in the courts. We all agree that the reasons for kindergarten can not be established, and its practice is wrong and should be corrected according to law. That is to say, the kindergarten should pay the teachers' salaries in full time to the teachers in full and in time.

The reason why the kindergarten should correct its mistakes is that it is a statutory obligation to pay wages for directional teachers according to the labor contract.

On the one hand, wages The twelfth provision of the Interim Provisions on payment stipulates: "if a unit stops or stops production due to the cause of a worker, it shall pay the wages of the laborers according to the standards stipulated in the labor contract. 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.

The supplementary provisions of the Provisional Regulations on wage payment "," the first article also states: "the eleventh, twelfth and thirteenth stipulations stipulated in the" regulations stipulated in the labor contract "refer to the wage standards corresponding to the positions (positions) of the workers stipulated in the labor contract.

Because the kindergarten's winter vacation is based on the requirements and practices of the local government, it is not the requirement of Han Lixiu or other teachers, or because of their causes, that is, "not for workers' reasons". This determines that even if Han Lixiu and other teachers did not provide any teaching services or other jobs for kindergartens during the winter vacation, nor did they create any economic benefits or bring other benefits to the kindergartens, the kindergartens must also pay wages to them.

On the other hand, Teacher Law Second and seventh stipulate that "this Law applies to teachers who specialize in teaching at all levels of schools and other educational institutions." The right to get paid wages on time, enjoy welfare benefits prescribed by the state and paid vacation with cold and hot holidays.

It can be seen from these regulations that although Han Lixiu and others are teachers of private kindergartens, they also have the status of teachers. This determines that kindergartens should not treat others differently and pay no attention to the payment of remuneration. They should not regard "kindergartens as private" as the basis for refusing to pay teachers' full wages during winter vacation.

If the kindergarten sticks to its own views and refuses to correct mistakes, Han Lixiu and others can protect their rights through reporting to the relevant departments or arbitration proceedings.

Because, labour law "The eighty-fifth article clearly stipulates:" the employer shall be ordered to pay labor remuneration, overtime or financial compensation within a certain period of time when the employing unit is in any of the following circumstances; the labor remuneration is lower than the local minimum wage standard, and the balance shall be paid; if the payment is not paid, the employer shall pay the worker according to the standard of fifty percent or less of the amount payable; (1) the worker's remuneration shall not be paid in full or in full in accordance with the stipulations of the labor contract or the state regulations; (two) the wage payable below the local minimum wage standard; (three) arranging overtime work without paying overtime; (four) relieving or terminating the labor contract, and failing to pay the economic compensation to the laborers in accordance with the provisions of this law. "(two)"

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.