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Employees Owe Money And Companies Do Not Assist In Withholding Wages.

2016/4/18 22:47:00 26

Employees Owe MoneyDetain WagesLabor Laws And Regulations

The court of Weining Autonomous County made a decision of fining 200 thousand yuan on the Weining County water supply company, which refused to assist the court ruling, and served the penalty decision on the same day and fulfilled it to the bank.

Deduction procedure

It is reported that Weining county court in the implementation of Xue Mou to apply for the implementation of Zhao's private lending dispute, Geng applied for the implementation of Zhang's private lending dispute two cases, found Zhao, Zhang two per capita is Weining County water supply limited company employees, in the company has a fixed wage income.

In June 26, 2014 and October 10th, the Weining County Court issued two executive rulings and assistance enforcement notices to the company, asking the company to help detain Zhang Yuan's wage income from 2000 yuan per month until July 2014, until the total amount of 20352 yuan was deducted.

Since October 2014, the wages of Zhao have been detained for 2000 yuan per month until the sum of 23245 yuan is deducted.

However, the company failed to fulfill its statutory obligation to assist.

In March 21st of this year, Weining county court sent two orders to assist the company respectively.

Notice of payment

The company is required to take remedial measures within 3 days, recover the wages paid without authorization, and timely enter the Weining county court to execute the special account, and inform the relevant legal liabilities.

The company still turned a deaf ear to it and refused to assist in its implementation.

The court held that the Weining County water supply company refused to fulfill its legal obligation to assist, resulting in greater economic losses to the applicant and seriously damaged the country.

Law

Dignity has a huge negative impact.

Accordingly, the company made a fine of 200 thousand yuan in accordance with the law.

The Weining county court said that it will continue to crack down on illegal acts of refusing to perform the effective judgment of the people's court, refusing to assist the people's court to enforce or obstruct the execution, etc., and clean up and punish the illegal and criminal activities which refuse to assist in the execution. It will clear all obstacles in the execution and effectively protect the dignity of the law and earnestly protect the legitimate rights and interests of the parties concerned.

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In late November 2013, Zhang went to a garment company to do lathe work.

In August 12, 2015, Zhang complained to the local labor supervision department and asked the garment company to reissue 5 months' labor remuneration.

After seeing the situation reflected by Zhang, the supervisory department sent orders to the clothing company to order the correction order, and restricted the garment company to issue the labor remuneration within a specified time limit. If the overdue payment was not paid, the compensation should be paid to Zhang by 100% of the payable salary.

After the expiration of the deadline, the clothing company still delays payment for various reasons.

Zhang then applied for arbitration to the local labor and personnel dispute arbitration committee and asked the garment company to pay labor remuneration and compensation.

After the trial, the Arbitration Commission held that the eighty-fifth provision of the labor contract law stipulates that the employer fails to pay the labor remuneration in full and in accordance with the stipulations of the labor contract or the state regulations, and pays the wages of the workers below the local minimum wage standard. The labor administrative department shall order the time limit to pay or make up the difference.

Overdue payment shall be paid to the worker according to the standard of the amount payable above 50% and less than 100%.

It is illegal for the clothing company to default on labor remuneration for 5 months without any reason.

The clothing company should reissue the remuneration of labour in time within the deadline, but the company still refuses to fulfill its obligations.

Therefore, Zhang asked the clothing company to pay additional compensation, which is in conformity with the law.

Finally, the Arbitration Commission ruled that the clothing company paid a total of 25 thousand and 500 yuan for labor remuneration and compensation.


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