Sunshine Chongqing WeChat public account news, Lao Wang, who works in Jiangjin, recently encountered a headache: he had to take leave for a family emergency, but the factory issued a new rule - if the leave exceeds 3 days, the insurance premium for this month must be paid in full by himself. Can I still take this leave?
The factory issued a new rule: If you take more than 3 days of leave, you must pay the full insurance this month.
The company where Lao Wang works is called Chongqing Shuangdong Machinery Manufacturing Co., Ltd., located in Luohuang Town, Jiangjin District,
. It is mainly responsible for the manufacturing of auto parts, motorcycle parts and some general machinery.
Lao Wang has been working here for many years. He is usually busy at work and relies on his wife and parents to help take care of the house. But if there is an emergency, he still needs to take leave to go back and deal with it.
But on January 21 this year, the factory suddenly posted a notice clearly stating that if you take more than three days of leave within a month, you must pay the full insurance premium for that month. Anyone who takes more than 24 days of leave throughout the year will be automatically dismissed.
Photo provided by the petitioner
"Who doesn't have a headache or a family emergency? Doesn't this mean that they are not allowed to ask for leave?" Lao Wang feels that it is the company's responsibility to insure employees, but doing this in the factory does not comply with regulations. So, he reported the problem to Sunshine Chongqing.
received the complaint and Sunshine Chongqing contacted Chen, the legal person of the machinery company. According to Chen, "If you take 3 days off, you will be covered by your own insurance during the month" is not a new rule, but an "old rule" that has been implemented for 4-5 years. Mainly to prevent individual employees from taking advantage of loopholes: "We offer relatively high benefits to workers, with a minimum salary of 3,800 yuan, which means that as long as they are here, they can get that much money without doing any work. If individuals continue to ask for leave at will, the company's interests cannot be protected."
So, have any employees been really punished over the years? Chen explained that because of this regulation, 99% of employees have no "violations", but some employees have been punished and even chose to leave because of this.
When it comes to whether the promulgation of this regulation conflicts with the current labor and security regulations and laws, Chen said, "It is not clear. The company's regulations are researched and formulated by the relevant departments of the company."
Labor Inspection Department: Corporate behavior does not comply with regulations
Is the company's behavior illegal? Sunshine Chongqing learned from the Jiangjin District Labor Inspection Brigade that according to current policies, insurance premium payments cannot be linked to employees’ requests for leave. The "Social Insurance Law" also clearly stipulates that employers shall declare and pay social insurance premiums in full and on time on their own, and payment shall not be postponed or reduced except for statutory reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and paid by the employer, and the employer shall notify the employee of the details of the social insurance premiums paid on a monthly basis.
So, if the company deducts the insurance fees paid by the company from employees’ wages, is it illegal? According to the Labor Inspection Brigade, this is suspected of deducting workers' wages and is also illegal: "When encountering such a situation, if it does not involve a labor dispute, you can report it directly to the local labor inspection department. If there is a dispute in the labor relationship, you can also seek help from the local labor arbitration department in a timely manner."
Currently, Sunshine Chongqing has transferred the relevant issues to the relevant departments of Jiangjin District for investigation and handling. As of the time of publication, no written reply has been received. We will continue to pay attention to the final processing results.
Labor infringements are not uncommon! Have you ever encountered these situations?
In fact, it is not uncommon to have "company regulations" similar to what Lao Wang encountered:
In February 2021, Sunshine Chongqing received a complaint from Xiao Yin, an employee of Yubei District New Huihai (Chongqing) Technology Co., Ltd.: Because the surgery was postponed, he asked for 2 days of leave. The day after I applied for leave, I received a notice of dismissal. The reason was: "My poor health will affect the company's progress."
In March 2021, Sunshine Chongqing received a complaint from Xiao Zhou, an employee of Chongqing Xinding Technology Development Co., Ltd. in Liangjiang New District: The company forced overtime work for two consecutive weeks and did not pay overtime pay. If you don't agree to work overtime, the company will dissuade you.
At present, Sunshine Chongqing has also transferred the above issues to relevant departments for investigation and handling.
Source: Sunshine Chongqing WeChat public account
