Employees were refused to pay for foreign diligence due to the epidemic, and the company was fined illegal

Because the epidemic was closed at home, the employees other than the company did not carry out the actual work and did not pay labor remuneration. The second instance of the court judged that Zhang Mouju had a labor relationship with a financial company in Xinjiang Jincheng. The company paid Zhang Mouju's economic compensation of 5,000 yuan, paid salary salary of 3654.4 yuan, and a total of 3,500 yuan in arrears.

On February 18, 2019, Zhang Mouju went to a financial company in Jincheng, Xinjiang to work as an accounting position. He left on May 31, 2021. During Zhang Mouju's office, the company's general manager Zhao Mou paid Zhang Mouju's salary and commission through WeChat. As the company did not pay Zhang Mouju's salary in February, April, and May in 2020, Zhang Mouju applied for labor arbitration, demanding the termination of the labor relationship between the two parties, and requesting corresponding compensation.

A financial company in Jincheng, Xinjiang said that the company did not sign a labor contract with Zhang Mouju. There was a labor relationship between the two parties and was not a labor relationship. Carry out actual work, so it should not be paid.

After the case was complained to the People's Court of Bole City, the court tried that the contents of WeChat transfer records and chat records provided by Zhang Mouju confirmed that Zhang Mouju had a labor relationship with the company.

The court also believes that Zhang Mouju's "double salary of unsigned labor contracts" requests in accordance with Article 10 of the Labor Contract Law of the People's Republic of China, and establishing a labor relationship at the same time shall be established. Establish a written labor contract within one month from the date of employment. Article 27 of the "Labor Disputes Mediation Agreement of the People's Republic of China" stipulates that the period of arbitration is one year, and the period of arbitration is calculated from the date when the parties know or should know that their rights are infringed.

In the case, Zhang Mouju joined the financial consulting company of Jincheng in February 2019. His claims that double the salary should be calculated from March 2019, and the arbitration time is one year. Zhang Mouju should be before March 2020 Application for arbitration, she filed an arbitration application in November 2021, which has over time, so she cannot get compensation.

A financial company in Jincheng, Xinjiang refused to accept it and appealed.

The Intermediate People's Court of Boltala Mongolian Autonomous Prefecture in Xinjiang believes that the legal characteristics of the labor relationship between Xinjiang Jincheng and Zhang Mouju. According to Article 2 of the "Notice on the Prevention and Control of Pneumonia Epidemic Epidemic infection with the Proper treatment of new coronary virus infection" issued by the Ministry of Human Resources and Social Security: "During the prevention and control of the epidemic, if the enterprise is suspended from labor and the production is performed within a salary payment cycle, the enterprise shall follow the according to the salary payment cycle. The standard payment of employees stipulated by the labor contract exceeds a salary payment cycle. If the employee provides normal labor, the salary paid by the enterprise shall not be lower than the local minimum wage standard. The standards shall be implemented in accordance with the provisions of the provinces, autonomous regions, and municipalities. "In February 2020, the salary payment cycle during the epidemic period should be paid in accordance with Zhang Mouju's basic salary standard of 2,000 yuan in February 2020.

(Source: Workers Daily reporter Wu Duo Si Correspondent Ma Anni)

【Edit: Jinxin】

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