Pay The Wages In Full, Relieve The Employee From The Contract, And Enjoy The Compensation.

The unit has not paid in full the wages of Liang Liang. Liang has offered to rescind the contract and whether he will enjoy economic compensation. It is worth seeing.

Liang was assigned to work in a mechanical factory in Rongcheng in 1979. In 2001, a company in Ningxia incorporated and incorporated a mechanical technology company in Shandong (hereinafter referred to as the machinery company).

In early 2013, Liang worked as deputy general manager in accordance with the company's arrangement, and the monthly salary was 4000 yuan.

At the end of 2013, the Ningxia company pferred all its holdings to a trading company in Shanghai.

In January 1, 2014, the machinery company issued a management to Liang.

The notice relieves liang from his duties.

Since February, Liang has been working normally, but the machinery company has not arranged its work, and only paid 70% of its wages according to the minimum wage standard of Weihai.

In August 31, 2014, Liang wrote to the unit to resume work, distribute normal wages, or terminate the labor contract in accordance with the law, and the unit pays economic compensation.

In September 13th, the machinery company issued a notice of relieving the labor contract to Liang, agreed to dissolve the labor contract, and said that the unit was relieved of the labor contract according to the requirements of Liang. According to the regulations of the labor contract of Shandong Province, the eighth and ninth items, the economic compensation could not be paid.

In November 3, 2014, Liang submitted an arbitration application to the Rongcheng labor and personnel dispute arbitration committee, requiring the machinery company to issue a replacement.

To pay economic compensation.

After the ruling of the Arbitration Commission, the machinery company refused to accept the case and filed it with the Rongcheng municipal court.

The court held that Liang was working normally, but the machinery company did not arrange work for no reason. Therefore, he should pay wages according to the wage standard provided by Liang during the normal working period.

According to

The provisions of the thirty-eighth and 46 articles, if the employer fails to pay the labor remuneration in full and in time, the worker may propose the rescission of the labor contract, and the employing unit shall pay the economic compensation.

In this case, although Liang proposed the lifting of the labor contract between the two parties, the machinery company did not pay the labor remuneration in time and in full, so the case did not comply with the provisions of the twenty-eighth and eighth items of the Shandong provincial labor contract regulations, and the machinery company should pay economic compensation to Liang Mouzhi.

Thus, the court ruled that the mechanical company paid Liang Yuan a wage gap of 24468 yuan from February 2014 to September and an economic compensation of 144000 yuan.

After the first instance decision, the machinery company still refused to appeal to the Weihai intermediate people's court.

After the trial, the court dismissed its appeal and upheld the original judgment.