In reality, employees are suspended for introspection due to the loss of the unit caused by mistakes; they are required to leave the post for work due to the integration of the unit department; personnel files have not been moved out due to the termination of the labor contract. So, can the employees who meet these situations ask the company to pay wages within the corresponding time? They even have wages when they don't work, and in which cases they can also ask for wages from the company when they don't work?
Cause losses to the unit and pay during the period of being suspended for introspection
[case]
Jiangmou is a company's shipper. On March 6, 2017, due to Jiang Mou's error in filling in the address of the bill of lading and not checking it, the goods were sent by mistake, resulting in the company's loss of 1217 yuan.
In order to make Jiang's "long memory" and let other employees learn from it, the company ordered Jiang to suspend his post for a week, reflect on it, write a review and read it out at the staff meeting.
Since then, when Jiang received his monthly salary, he found that he had been deducted from his suspension for a week. In this regard, the reason given by the company is that, because it did not provide labor for the company or create benefits for the company during the above period, according to the principle of "pay for work", Jiang has no right to obtain salary.
[comment]
The company's approach is wrong.
Whether Jiang can get the salary depends on whether his suspension of duty is the performance of his duty. If it is the performance of work duties, the company must pay them wages.
The performance of work duties refers to the activities of production, operation and other work within the scope authorized or instructed by the employer. If an employee's behavior is beyond the scope of authorization, but its manifestation is the performance of duties or has an internal connection with the performance of duties, it shall also be recognized as the performance of work duties.
To sum up, although Jiangmou's normal identity is as a shipper, and his daily duty is to deliver goods, his identity and duty have been temporarily removed during the period when the company asked him to stop for introspection. However, this situation is not that Jiangmou no longer has responsibilities to perform. In essence, it is that Jiangmou carries out 'introspection' within the above period according to the requirements of the company, which also belongs to the performance of responsibilities. At this time, its' reflection 'behavior is deemed to be engaged in' other work activities' arranged by the company.
As for whether the company requires Jiang to compensate for the loss, it should be discussed separately. The company is obliged to pay its wages during the above period.
The unit and department are integrated, and the employees enjoy wage treatment during the waiting period
[case]
Qiu and other three are employees of a company. On May 15, 2017, due to the overlap and intersection between some work functions of Qiu and other departments, there were continuous phenomena of mutual prevarication, quibble, strife and low efficiency in the work. The board of directors of the company discussed and decided to integrate the two departments and reorganize a new Department to exercise the corresponding functions and powers.
During the trial operation of the new Department, the company decided to leave only 60% of the staff on duty, and the rest of the staff would leave the post temporarily and go home to wait for the notice.
Qiu and other three people are in the waiting list. After waiting for a month, although they were informed to work in a new position, the company refused to pay their wages during the period of waiting for work.
[comment]
The company's approach is wrong.
Article 12 of the Interim Provisions on wage payment stipulates: 'if the unit stops work or production stops within one wage payment cycle due to no reason attributable to the worker, the employer shall pay the worker's wage according to the standard stipulated in the labor contract. In case of more than one wage payment cycle, if the laborer provides normal labor, the labor remuneration paid to the laborer shall not be lower than the local minimum wage standard; if the laborer does not provide normal labor, it shall be handled in accordance with the relevant provisions of the state. '
Article 58 of the opinions on Several Issues concerning the implementation of the labor law also points out that: 'the enterprise shall pay the living expenses of the laid-off and waiting workers according to the relevant provisions of the local government. The living expenses may be lower than the minimum wage standard. If the laid-off and waiting workers are reemployed, the enterprise shall stop paying their living expenses. '
To sum up, the unit shall pay the full amount of wages to the workers in the first month and pay the basic living expenses to the workers in the second month for the absence not caused by the workers. Therefore, Qiu and other three people have the right to demand payment of their wages during the period of waiting for work.
The company withholds the file. The employee has no right to ask for salary but can claim for compensation
[case]
Guo Mou was dismissed by the company because he quietly operated products that competed with the company during the duration of the labor contract and failed to follow the warning. Since then, out of revenge, the company has refused to move Guo's personal files out under various excuses.
The above behavior of the company caused Guo to be unable to work in other units for 4 consecutive months.
On August 1, 2017, Guo asked the company to pay wages during the period when the files were not moved out, on the grounds that the files were still in the company, indicating that they were still employees of the company, but the company refused.
The company's reason is that: keeping files does not mean that there is a labor relationship, let alone that Guo has actually left his job and has not continued to work in the company, so he has no obligation to pay his salary.
[comment]
Guo's encounter can be understood and dealt with from the following two aspects:
On the one hand, Guo has no right to ask for salary.
Article 2 of the regulations on the management of the archives of the employees of an enterprise stipulates: 'the archives of the employees of an enterprise are the documents concerning the personal experience, political ideology, professional and technical level, work performance and work changes of the employees formed in the recruitment, deployment, training, assessment, rewards and punishments, selection and appointment of the departments of labor, organization and personnel of the enterprise'.
Labor relationship refers to the social relationship between employees and the unit, in which one party provides labor and the other party receives and pays.
Because there is no inevitable connection between the company's keeping of Guo's files and the existence of labor relations between the two parties, that is to say, employees' files in the company are not equal to the existence of labor relations between them, so Guo can't ask for salary from the company just by virtue of the files in the company.
On the other hand, the company must be liable for compensation.
Article 84 of the labor contract law stipulates that the employer shall be liable for compensation if it distrains the files of the workers and causes damages to the workers. In other words, the company has no right to detain Guo's files in any case, otherwise, it must compensate Guo for the losses.