Law Lecture Hall: Enterprises Stop Production. What Should I Do?

Qiao FA Guan: our company has come up with several things this year. First, the shareholders fought a lawsuit for the right to run the business, then developed to snatch the seal, financial account books, and even went to the Public Security Bureau.

This has a direct impact on production and wages.

At the beginning of the factory, there was a meeting to talk about slowing down and reissuing. Later, no one took care of it.

After the original order was finished at the end of June, the factory stopped producing, and the director made us all go home.

Since then, we have been seeking shareholder salaries for many times, but no one has paid attention to them.

This dragged on for a few months, and the big shareholder finally declared that he could only pay two months' wages in arrears in advance of his own name.

After the termination of production, the wages need to be settled until the dispute of shareholder rights is settled, and the cost of living is the maximum.

After listening to the big shareholders, we all talked about it.

Some say that the shutdown is caused by shareholders. Wages should be paid according to the original standard, and minimum wage should be issued at least.

Some say that they want to sue the company, make the company pay the compensation, and others look at the bad situation and leave directly.

I don't know the law, and I have a reason to listen to what they say.

In this case, how can the law be stipulated? Can I ask the shareholders to compensate for the loss of wages? If I leave, can I claim compensation?

Old readers:

After the labor contract is concluded in accordance with the law, both parties have the obligation to fulfill the contract in accordance with the contract.

After the laborers provide labor, the employer will pay the labor remuneration in full and in time according to the contract. That is the legal obligation of the employer.

In order to protect the legitimate rights and interests of laborers from being infringed, the law clearly stipulates that the employer fails to pay the workers' remuneration in full and in time in accordance with the stipulations of the labor contract or the state regulations, and the labor administrative department shall order the payment within a prescribed time limit.

If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; if the payment is not paid, the employer shall pay the worker the compensation according to the standard of fifty percent or less of the amount payable. One hundred percent.

In view of the fact that there are some special situations that may affect the employer's timely and full payment of labor remuneration, the labor department also makes clear in the relevant law enforcement opinions that the employer is unable to pay wages on time due to the natural disasters, wars and other reasons that the human resources are unable to resist, and the employer is temporarily affected by the difficulties in production and operation and capital turnover. After obtaining the consent of the union of the unit, it can temporarily postpone the payment of the wages of the laborers. The longest limit of the extension time can be determined by the labor administrative departments of all provinces, autonomous regions and municipalities directly under the central government according to the local conditions.

The prescribed time of delay in Shanghai is one month.

As for the company's employees after the shutdown

In fact, the labor department also has relevant regulations.

In May 2003, the general office of the Ministry of labor and social security stated in the notice on proper handling of labor relations that employers should pay wages or living expenses according to the Provisional Regulations on wage payment during the period of stoppage and production.

If the work is stopped or stopped during a wage payment period, wages shall be paid according to the standards stipulated in the labor contract.

A period of more than one wage payment cycle.

The labor remuneration paid to the labourers shall not be lower than the local minimum wage standard; if the worker fails to provide normal labor, the employing unit shall pay the living expenses to the labourers.

The standard of living expenses shall be implemented in accordance with the regulations prescribed by all provinces, autonomous regions and municipalities directly under the central government.

At present, there are different regulations on the standard of living expenses that are not provided for normal labor. Some stipulate that the basic living standard should not be lower than the local unemployment relief standard per person per month, such as Guangdong province; some stipulate that the basic living expenses should be paid at 70% of the minimum wage level, such as Beijing; some stipulate that 80% of the minimum wage should be paid for the basic living expenses of workers, such as Shenzhen.

The "payment method of enterprise wages in Shanghai" promulgated by Shanghai in 2016 stipulates that enterprises can stop working or stop production for more than one wage payment cycle. Wages can be paid according to the new agreement of the two parties, but not lower than the minimum wage stipulated in this Municipality.

The reason for your company's discontinued production is that the company has not provided normal labor after the shutdown. Therefore, the first month after the shutdown, you can claim wages according to the original agreed wage standard. After that, you can ask the unit to issue the minimum wage.

Shareholder disputes are internal corporate governance problems, and companies should not pay wages due to this reason.

It is not right for your company to affect the normal operation of the company because of the shareholder dispute. Its wage arrears are even more wrong.

For the company's arrears in wages, you can claim rights through labor supervision and labor arbitration.

The legal liability caused by arrears will eventually fall on the heads of shareholders, believing that shareholders will take the initiative to deal with related matters after having clear the legal consequences.

Before the company has decided to dissolve or liquidate, for your individual, the stay should be determined according to the specific circumstances. If you choose to leave, you can also claim the economic compensation for the termination of the labor contract on the grounds that the employer does not provide labor conditions according to the labor law.

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