Missing A Month's Wages, Causing Heavy Losses

Legal experts in human resources HR Manager:

Hello! I am a staff member of the human resources department of a clothing company. Due to errors in the work, the company is in arrears with an employee in September 2007 (1 months) salary of 3000 yuan. The employee entered our company in July 2006 and signed a labor contract for 3 years. In April this year, the employee offered a cancellation of labor contract to our company on the grounds of arrears of wages, and demanded payment of economic compensation. What economic compensation should the company pay him? How should the economic compensation be calculated?

Experts dispel doubts

Li Man:

Hello! I am very glad to hear from you. Since the implementation of the labor contract law and the regulations on wage payment in Beijing, the calculation of economic compensation has always been a difficult point for employing units to operate. By analyzing the situation you mentioned, your unit should pay 3000 yuan and two economic compensation for the employee's 1 month arrears, totaling 11250 yuan.

According to the thirty-eighth and forty-six stipulations of the labor contract law, the employer's arrears of wages in September 2007 (1 months) are valid. The employee can terminate the labor contract on the grounds that the employer fails to pay the full amount of labor remuneration in time, and should receive financial compensation.

In accordance with the ninety-seventh provision of the labor contract law, the employing unit shall pay the financial compensation to the laborers prior to the implementation of this law, in accordance with the relevant provisions of that time. Therefore, the economic compensation of your unit should be calculated in the following ways:

1, the economic compensation for the cancellation of labor contracts due to insufficient payment of labor remuneration is 7500 yuan. According to the "economic compensation measures for violating and relieving labor contracts", the working life of the employee from July 2006 to December 31, 2007 is 18 months, and the financial compensation equivalent to 2 months' salary should be paid 6000 yuan. According to the forty-seventh provision of the new law, the working life of January 2008 to April 2008 is 4 months, and the economic compensation equivalent to half a month's salary should be paid 1500 yuan. So the total compensation is 7500 yuan.

2, the economic compensation due to arrears of wages is 750 yuan. According to the third provision of the "economic compensation measures for violating and relieving labor contracts", the additional financial compensation for arrears of wages is 25% yuan (750 yuan, 3000 yuan 25%=750 yuan).

In addition, we also remind the HR of the enterprise that, according to the eighty-fifth provision of the labor contract law and the thirty-fifth provision of the Beijing wage payment regulations, if the employer fails to pay the labor remuneration in full and in time, the labor administrative department shall order the payment within a prescribed time limit. If the employer fails to pay the bill within a prescribed time limit, he shall be ordered to pay the worker the compensation according to the standard of 50% to 100% of the payable amount. That is to say, if the employer arrears the wages of the worker after January 1, 2008, he will pay no compensation if he pays the order within the time limit prescribed by the labor administrative department. Of course, HR must be loyal to duty, conscientiously and conscientiously do every job correctly and accurately, so as to avoid violating the legal provisions inadvertently, and even the passive situation of employees' termination of labor contracts due to arrears of wages. Enterprises not only have to pay economic compensation, but also lose one employee, so the cost of recruitment and training lost is even more difficult to measure.