Current location - Quotes Website - Personality signature - Is it legal for a company to stop paying employees’ wages and only pay social security benefits? How to safeguard rights?
Is it legal for a company to stop paying employees’ wages and only pay social security benefits? How to safeguard rights?

Such an approach is definitely illegal. As parties, we can safeguard our rights through negotiation, complaint, application for arbitration, etc.

In the past two days, Gome has once again attracted great attention from the public, but I think Gome is very unwilling to see such attention. At the all-staff meeting at the Gome headquarters, Huang Xiuhong, chairman of Gome Electrical Appliances, said: "The company will only provide social security benefits to employees until the end of December and will not pay any more wages."

Subsequently, Huang Xiuhong also He added: "There is also uncertainty in the payment of wages in the medium and long term in the future. After the meeting, the company will issue a letter of commitment, and employees can go to their supervisors to sign." Seeing such words, the employees of Gome were completely heartbroken. After so many years of following, I didn’t expect to get such a result.

Speaking of this, everyone must be curious about what the letter of commitment mentioned by Chairman Huang Xiuhong looks like. For this reason, I also specifically searched for relevant information.

The first article of the commitment letter circulating online reads: "Starting from October 2022, I understand that the company may delay the payment of employee wages in the next six months to one year, and I have done so. Fortunately, during this period, we are mentally prepared to work together with the company to overcome difficulties." Article 4 reads: "As an employee, we promise to work hard, deliver business results on time, with high quality and quantity, and achieve performance goals. ”

After seeing such a letter of commitment, perhaps ten thousand words of “MMP” have passed through the hearts of employees. Moreover, someone who claimed to be an internal employee of Gome said in the report that he officially resigned in October, but as of now, even September's salary has not been settled.

So in response to the above-mentioned statement by Huang Xiuhong, chairman of Gome Electric Appliances, is it illegal to only pay social security to employees and no longer pay wages? The answer is of course yes.

Article 12 of the "Interim Provisions on Wage Payment" stipulates: If the unit suspends work or production within a wage payment cycle not due to the employee's reasons, the employer shall pay the employee's wages according to the standards stipulated in the labor contract. . If the wage payment cycle exceeds one, if the worker provides normal labor, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; if the worker does not provide normal labor, it shall be handled in accordance with relevant national regulations.

It can be seen that Gome said at the October conference that the company will only pay social security to employees but not pay wages until the end of December, which is against the law. As long as the worker still provides normal labor and fails to give the money to the other party for more than one wage payment cycle, he is "playing a fool".

For this situation, we workers can take the initiative to negotiate with the company and enterprises to find a suitable solution together. But if the negotiation fails, then you can go to the labor picket brigade where the company is located to complain or go to the labor arbitration committee to apply for labor arbitration.

Article 77 of the "Labor Law of the People's Republic of China" stipulates: "If a labor dispute occurs between an employer and an employee, the parties may apply for mediation, arbitration, or file a lawsuit in accordance with the law, or they may resolve it through negotiation. . ”

When employees work in a company and work hard, the company should let them reap rewards. Only in this way will they be willing to work harder for you. At the same time, I believe that if an enterprise wants to develop better, treating its staff well is an indispensable and important part. Only by working together can we develop better and faster.