The company paid the salary last month on the 20th, and the employee was compensated for suing the employee for compensation.
Recently, a equipment company in Shenzhen, Guangdong was sued by its own employees. The reason for the employee's lawsuit was that the employer did not pay wages in a timely manner, which was a case of "delayed wages". It is reported that employee Mo has been in this company for many years. When he joined the company, he signed a labor contract with the company, agreeing to pay the salary of last month on the 20th of each month, and sue the company based on this, terminate the labor relationship and request economic compensation. After the trial, the Shenzhen Intermediate People's Court ruled that employee Mo won the case, and a Shenzhen Equipment Co., Ltd. compensated Mo for more than 54,000 yuan in economic compensation. The Shenzhen Intermediate People's Court believes that Mo's company violated the content of the Labor Contract Law on timely payment of wages, and that he paid the wages last month on the 20th as a default on the wages.
After the Shenzhen Intermediate People’s Court pronounced the verdict, the company was dissatisfied and appealed to the Guangdong Higher People’s Court. In the appeal, the company stated that first of all, the labor contract was signed after agreement with employee Mo; secondly, the monthly salary payment on the 20th is in line with the actual operation of Shenzhen enterprises. The Shenzhen Intermediate People's Court did not take into account the local reality during the trial, because most of the companies have difficulty in operating and cannot pay wages in time; finally, the "Shenzhen Employees' Wage Payment Regulations" was not implemented in actual operations, and the judgment of the Shenzhen Intermediate People's Court was not conducive to promoting social labor relations. After trial, the Guangdong High Court held that this case was a labor contract dispute and the company's labor contract was indeed illegal, and the company's application for retrial was rejected.
� If the employer fails to pay the labor remuneration in full, the employee may apply for a payment order to the local people's court in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
� If an employer cannot pay wages on the agreed wage payment date for some reason, it may be extended for five days; if it is necessary to extend for more than five days due to production and operation difficulties, the written consent of the unit's trade union or the employee himself shall obtain the maximum length of not exceeding fifteen days.
In this case, whether in accordance with the Labor Contract Law or the Shenzhen Wage Payment Regulations, Mo's company violated the mandatory provisions of laws and regulations. In terms of the labor contract signed by both parties, the agreed terms regarding the date of wage payment are contrary to the law and are invalid in the court's determination, so the employee can terminate the labor contract with the employer and request economic compensation according to this article.
