Source: Da Zhou Xiansen
With the rapid progress of our economy, the protection of employees' rights and interests has attracted more and more attention, and the labor law has made it clear that employees can claim double wages under certain circumstances, this big week will talk to you about the two situations in the new regulations, to help you understand your rights and interests, and at the same time let enterprises know and abide by relevant laws and regulations, maintain good labor relations, 2024 labor law: if the unit has "these two" behaviors, employees can claim compensation of 2 times the salary.
1. The first behavior: not paying wages on time
According to the provisions of the Labor Law, the employer shall pay the wages to the employees on time in accordance with the provisions of the labor contract, and if the employer fails to pay the wages on time, the employees have the right to demand double the wages of the employer.
Case: An enterprise in Shenzhen failed to pay wages to employee Li on time because of business difficulties, and Li communicated with the company several times to no avail, so he went to the local labor inspection department to complain, and after investigation, the labor inspection department believed that the enterprise did not pay wages on time was illegal, and asked the company to pay Li double wages.
Solution: In order to avoid the occurrence of similar situations, enterprises should strictly abide by the provisions of the labor law, pay employees' wages on time and in full, if they encounter special circumstances such as business difficulties, enterprises should communicate with employees in a timely manner, explain the situation, and strive for employees' understanding and support, at the same time, employees should also actively communicate with the enterprise, understand the specific situation of payroll, and protect their legitimate rights and interests through legal means.
2. The second act: illegal termination of the labor contract
According to the provisions of the Labor Law, when terminating an employment contract, an enterprise must strictly restrict the conditions and procedures for termination, and if the enterprise violates these provisions and illegally terminates the employment contract, the employee has the right to demand double the wages of the enterprise as compensation.
Case: Background: An enterprise decided to lay off employees due to poor management, and the company unilaterally terminated the labor contract with Zhao without full consultation with the employee Zhao, and Zhao was dissatisfied with this, so he applied to the local labor arbitration commission for arbitration, and after the trial, the labor arbitration commission determined that the company's behavior was illegal to terminate the labor contract, and required the company to pay Zhao double his salary as compensation.
Suggestions: For enterprises, when terminating labor contracts, they must strictly follow the legal procedures and conduct full consultation with employees to ensure the legality of the termination of labor contracts.
For employees, if they encounter the illegal termination of the labor contract by the enterprise, they should take the initiative to protect their rights and demand that the enterprise pay double wages as compensation through legal channels, and at the same time, the employee should also pay attention to protecting their legitimate rights and interests to avoid unnecessary losses due to the illegal acts of the enterprise.
Under the provisions of the Labor Law, employees can claim double wages under specific circumstances, which reflects the importance of the Labor Law to the protection of workers' rights and interests, enterprises should strictly abide by laws and regulations, and effectively protect the legitimate rights and interests of workers, and workers should also take the initiative to understand their rights and interests, and protect their rights and interests through legal channels.