In September this year, Chef Liu was hired as a chef at a restaurant near Gate 5 of Hongkou Football Stadium, but the boss has not paid his employees due to the restaurant's poor business performance. Master Liu had no choice but to resign a few days ago. The boss, Mr. Wu, did not give him his salary because of Mr. Liu's resignation, but wrote an IOU of more than 24,000 yuan to Master Liu after settlement. Master Liu reluctantly told reporters: "He (the boss) told me that he would pay me back 300-500 yuan a day." At this rate, it will take me at least 48 days to get the money out. I've never seen a salary like this!”
The restaurant where Chef Liu once worked.
Cook: It's been a year since I received my back salary.
Chef Liu told reporters that when he applied for a job as a chef in Mr. Wu's restaurant, the boss agreed to give him 8,500 yuan a month, which would be paid monthly.
When we came out to work, I usually contributed and the boss paid for it, and we got a month's salary after finishing a month, so I didn't sign a labor contract with the boss, and when I joined the company, I only had a verbal agreement with the boss. ”
The restaurant makes special mutton, and Chef Liu said that business was relatively weak before, but after the winter, business improved. Boss Wu didn't pay him a salary for nearly three months. There is a waiter and cashier in the store, and there are three clerks in total, plus Boss Wu. After Chef Liu resigned, the restaurant hired another chef to make barbecue. Master Liu said that everyone's wages were not paid.
I have to support my family with this salary, and I have to pay off the mortgage on the house I bought in my hometown. If this salary is late, I have to borrow money to pay it, not to mention that I have not been paid for three months, and I can't do this work. ”
After resigning, Mr. Liu settled the bill with Boss Wu. Boss Wu still owes Master Liu 24,800 yuan in wages, but Boss Wu has no money to pay Master Liu, so he typed a "Wage IOU" to Master Liu:
I, Wu xx, xxx restaurant owner, owe employee Liu xx 24,800 yuan in wages, which will be settled in February 2024, and promise to transfer 300-500 yuan per day starting from January 1 next month. Debtor: Wu xx, December 17, 2023. ”
got this IOU, Master Liu still didn't have a place in his heart, and the IOU was not money after all. Boss Wu still hasn't paid back?What should I do if I don't pay yet?The repayment time is so long, what should I do if Boss Wu closes the store and runs away?
Originally, I wanted to go home early for the Chinese New Year and come out to work after the New Year. But I didn't dare to leave without getting the money. He didn't pay back when I was here, and I didn't pursue it here, so he could still pay it back?”
On the evening of December 17, Master Liu received a WeChat transfer of 2,492 yuan from Boss Wu. On December 20, Master Liu received the first payment of 500 yuan from Boss Wu in advance.
According to the boss's repayment plan, I received my full salary, which was about 50-80 days, and the year was over by then. It took nearly three months to work and get paid, which is a big joke. Master Liu said that if he can get back all his wages, the premise is that Boss Wu does not pay the bills. And this point, he is very uncertain.
The interior of the restaurant.
Boss: If you give him all the money, you won't be able to open the store.
Boss Wu, who opened the store, told reporters that when Master Liu was on the job, he was also diligent and diligent, and he didn't have to say anything about things. It's just that the business in his own store is really not good, and sometimes the revenue of a day is only a thousand yuan, and when it is good, it is only a few thousand yuan. If there is money, who will owe employees wages?
Boss Wu said that his franchise store has been open for six or seven years, and the business has not been good in the past two years, and he has been struggling to support it.
Rent, water and electricity, and buy groceries every day, and always have a little money on hand to turn over. If all the revenue during this period is given to him, won't my funds be cut off? If the store can't be opened, wouldn't it be more difficult for me to pay back his salary?I didn't say I wouldn't pay him back, I wrote him an IOU, and I promised not to owe him a penny. ”
Li Da, a lawyer at Dehe Hantong Law Firm, said that Article 50 of the Labor Law of the People's Republic of China stipulates that wages should be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Article 7 of the Interim Provisions on Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented. The revenue of the store has nothing to do with the wages of the employees. The worker is not liable to the business situation of the boss.
Boss Wu thought that the business in the store had not been good in the past two years, and if he paid all the income to Master Liu's salary, he would have no working capital, the store would not be able to open, and it would be even more difficult for Master Liu to get his salary. The reporter believes that it is also a fact that business has been difficult to do in the past two years, and it is worth paying attention to. However, Boss Wu should not withhold the wages that Master Liu deserves as the working capital of his store, and said confidently that if the money is gone, the store cannot be opened, and it will be more difficult for Master Liu to recover the arrears of wages. What kind of words is this?Could it be that you make your own money when you open a store, and you lose money to your employees?How can there be such a reason!You forcibly pull the employees to share weal and woe with you, and when your store is doing good business, do you give the employees a red?
The reporter also hopes that Boss Wu can open the store well, but the premise is to operate in accordance with the law.
At noon on December 25, Master Liu told reporters: "Under the witness of the police, Boss Wu promised to transfer 500 yuan to me every day, and the transfer will be cleared before February 8." ”
The reporter deliberately flipped through the calendar, February 9 is Chinese New Year's Eve. I hope that Master Liu can get back his hard-earned wages on the eve of the reunion of ten thousand families.
*: Morning News Thoughtful APP Reporter Ye Songli.