Case review
In December 2017, Mr. Lu joined a company in Zhongli, and the two parties signed a written labor contract, and the position was the manager of the financial department. On February 22, 2018, Mr. Lu proposed his resignation to a company in Zhongli, and the two parties terminated the labor contract on the same day. Both parties agreed that Lu's salary in January 2018 was 563477 yuan, and the salary amount in February 2018 was 416135 yuan.
A company in Zhongli withheld Lu's two wages on the grounds that Lu did not hand over the work to the company when he left the company, but Lu did not recognize it, so he sued the court.
Court decision
A company in Zhongli paid a total of 9,796 wages to Lu in January and February 2018$12.
Lawyer's comments
The lawyer of Beijing Zeda Law Firm believes that the parties should provide evidence to prove the facts on which their claims are based or the facts on which they refute the other party's claims, unless otherwise provided by law. There was no legal basis for the company to withhold the employee's wages on the grounds that the employee had not handed over the work, and the first-instance judgment that the company did not improperly pay the employee's wages.
Now that the labor contract between the two parties has been terminated, the company should issue a certificate of termination of the labor contract to the employee in accordance with the law, and his claim that the labor contract and pension handbook will not be handed over lacks legal basis, and there is no impropriety in the first instance.
Relevant Laws
Labor Contract Law of the People's Republic of China
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner.
If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
The author of this article is Wang Rongjun of Beijing Zeda Law Firm.