The Company Pays The Wages, Does Not Send The Staff To Ask For Money First To Resign.
The employee was held up for two months because of the dispute between the employee and the manager because he was "reduced wages and reduced wages".
Resignation
Let him sign away.
A few days ago, Mr. Zhu complained about his rights and interests being infringed.
According to Mr. Zhu, he is a migrant worker. He worked as a security guard in a suburb company for 5 or 6 years.
When he first entered the company, the boss made an appointment with him to work 12 hours a day, give him one off, and give him the minimum wage in the city, and arranged for him to work as a security guard at a side door of the company.
His job is still relatively relaxed, because the side door usually only enters the freight car, therefore only when the vehicle comes, he needs to switch the gate, generally he only needs to sit in the guard room.
The security manager arranged for him to work on the night shift, so that he and another colleague could turn to work one by one.
Who knows, after half a year, the colleague resigned, the manager discussed with him, the company is not ready to recruit people, if he is willing to work every day, the company will give him two wages.
He thought it was also good, and there was no vehicle coming in or out of the gate on the night shift.
Although he works harder than usual, but he can earn two wages, he is happy.
In this way, no matter what holidays, he could not rest. Even during the Spring Festival, he could not go home to reunite with his family.
On the day of the second half of last year, the manager suddenly told him that he would not have to go to work every day, or that he would take a break.
The work is reduced, but this means that wages have also been halved. The original monthly income of four thousand or five thousand yuan has changed to more than 2000 yuan.
Renting a house, having a meal, which do not want money? In this case, half of the salary was cut off, so how did he live in Shanghai? He asked the manager to negotiate. The manager said that only one wage would be paid for a job. This is a natural thing to do.
His temper also came up. He thought the company was cutting wages, and he quarreled with the manager, and the manager was driven out of the office.
But he had to continue to work, but on payday, he found that he had not scored a cent in the pay card.
He asked his colleagues, and his colleagues said they had received their wages on time.
Because he worked on night shift, he had never met anyone in the finance office.
In the second month's payday, he was still unpaid, and he was in a hurry.
During the daytime, he found the finance, and the Finance said they all paid wages according to the list given by the Department Manager.
He found the security manager again, and the manager brought out a printed "resignation" to him, saying that he signed and paid him.
Shanghai red three rights law firm director Luo Qiang said that some of the company's practices are illegal.
First of all, overtime and overtime pay.
"
labour law
"It is clear that employers should ensure that workers have at least one day off a week.
Due to the needs of production and operation, the employer can extend the working hours after consultation with the trade unions and workers. Generally, no more than one hour per day. For special reasons, it is necessary to extend the working hours. Under the condition of ensuring the health of the workers, the extension of working hours should not exceed three hours per day, but not more than thirty-six hours per month.
In case of any of the following circumstances, the employing unit shall pay the wage remuneration higher than the normal working hours of the workers according to the following criteria: (1) arrange the workers to extend their working hours and pay one hundred and fifty percent of the wages paid by no less than the wages; (two) arranging work for the workers on the break day can not be arranged.
Make up for rest
The payment of wages is not less than two hundred percent of the wages; (three) the statutory holidays are arranged for the workers to work, and the wages paid by no less than three hundred percent of the wages are paid.
Second, the wages of employees are deducted.
The Shanghai enterprise wage payment method stipulates that enterprises shall pay at least once a month, and the specific date of payment shall be agreed between the enterprise and the laborer.
In addition to several legal conditions, enterprises shall not deduct wages of labourers.
Finally, the employees are forced to resign.
Resignation is the right of workers and units can not be forced.
If the unit wants to terminate the labor contract with the employee, it should choose to cancel the negotiation; if the worker has a statutory lifting, the unit can also be lifted.
Luo also pointed out that Mr. Zhu's cognition is biased.
The company does not allow him to go to work every day, there is no mistake and there is no problem of reducing wages, but even if he takes a break, the company may arrange more working hours than the statutory working hours. Even if the company implements a comprehensive calculation of working hours, overtime is also required to pay overtime wages.
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