Arrears Of Wages 5 Million 500 Thousand Yuan, The Court Decided That The Employer Paid Labor Remuneration.

Pei Ziyou and Cao Huali, the retired workers of the county and township highway management office in Yicheng District, Zhumadian, have been invited by an Real Estate Company for their fine business and wide connections. In 2004, Pei Ziyou and Cao Huali carefully considered and entered Zhumadian Huada Real Estate Development Co., Ltd., which lasted for more than 10 years.

In Zhumadian Huada Real Estate Development Co., Ltd., Pei self friend is the general manager of the company, the annual salary is 300 thousand yuan, Cao Huali is the company's financial manager, the annual salary is 200 thousand yuan. Because of the high salary and decent work, the two became the "gold collar" that everyone envied everywhere. However, only two of them were aware of themselves. In 2005, the company paid wages to the two people on time, but it did not mention wages in the following year. The reason was that the company had difficulty in operation and no money could be issued. Pei Ziyou and Cao Huali, who have good economic conditions at home, are not short of money for a while. As executives, they can understand the difficulties of the company and wait for the company to get better and pay more. I didn't expect this to drag on for 10 years. Until 2015, the couple really could not bear the fact that they worked for zero wages, so they took up legal weapons to safeguard their legitimacy. Equity 。

After the court took the case, the Zhumadian City Huada Real Estate Development Co., Ltd. registered capital of 40 million yuan, the original legal representative was Tang Guohua, and the shareholders were composed of several people in Jiangsu and Zhejiang provinces. During the period of chairman Tang Guohua, the company developed the Huada West Lake urban garden project in the middle section of Baiqiao road. Due to the existence of many illegal operations, hundreds of owners took the company to court, and some of the buildings were sealed up by the court. In October 2012, Tang Guohua, the chairman of the company, was detained in the Tongxiang detention house in Jiaxing, Zhejiang province for being suspected of pumping funds and illegally absorbing public deposits. Another contributor, Ma Shao Zhong, became the legal representative of the company. In court, Pei Ziyou and Cao Huali issued a company's ious due to arrears of wages, and stamped with a company financial special seal. Ma Shao Zhong pairs Fail to pay wages The matter was approved, but it was said that the company's funds were tight and the turnover was not enough.

After hearing, the district court held that Pei Ziyou and Cao Huali had worked in Zhumadian Huada Real Estate Development Co., Ltd. since 2004. They have been corroborated by letters of authorization, authorization, minutes, notices, etc., and the legal representative of the company has been approved by Shaozhong. In this case, Pei Ziyou and Cao Huali have not signed a written labor contract with Zhumadian Huada Real Estate Development Co., Ltd., but there has been a real labor relationship between the two sides. Law It is stipulated that employers should pay labor remuneration in full and in time in accordance with labor contract stipulations and state regulations.

In this case, Pei Ziyou and Cao Huali fully fulfilled their labor obligations in accordance with the contract to Zhumadian Huada Real Estate Development Co., Ltd., but the labor remuneration of Zhumadian Huada Real Estate Development Co., Ltd., however, failed to pay two people, and had not yet been paid to the two people after issuing ious repeatedly. This has violated the aforementioned legal provisions. Pei Ziyou and Cao Huali asked Zhumadian Huada Real Estate Development Co., Ltd. to pay 5 million 500 thousand yuan in arrears of labor remuneration from 2005 to 2015.

In February 7th, according to the third provision of the Supreme People's court's interpretation of several issues concerning the application of laws in labor dispute cases (third), the court of Yicheng District in accordance with the thirtieth Article 1 of the People's Republic of China labor contract law, 2016 (2016) the judgement No. 871 of Yu 1702 in the early Republic of China: 1. The defendant, Zhumadian Huada Real Estate Development Co., Ltd., paid ten yuan to the plaintiff Cao Huali and Pei Zhong friends within ten days from the effective date of the judgment. Two, if the defendant, Zhumadian Huada Real Estate Development Co., Ltd. fails to fulfill its obligations in the period specified by the judgment, it shall pay double interest on the debt interest during the period of delay in accordance with the provisions of article 253rd of the Civil Procedure Law of the PRC.

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