Statement: Business License Is Revoked Still Need To Pay Staff Compensation.

Yin went to work in a factory in Ji'nan in 1984. Because of its difficulties in operation, he no longer went to work in 1996. In 1999, the factory signed a contract for the property rights transaction with a company in Ji'nan, and agreed that the company could buy off the whole property rights of the plant at a time by undertaking the debt. In June 2010, the company received 19 million yuan of land, housing compensation, relocation of related enterprises, personnel resettlement and so on. In January 5, 2012, the factory was revoked by the administrative department for Industry and commerce. In September 10, 2013, Yin complained to the Ji'nan City Central Labor and personnel dispute arbitration committee, and asked the factory and the company to pay financial compensation. After the admissibility of the Arbitration Commission, Yin went to the central district court.

Should units pay their employees' financial compensation after they have been revoked their business licenses? Who will pay for them?

The court held that the labor contract was terminated according to the forty-fourth clause and fifth provision of the labor contract law, where the employer was revoked the business license. Forty-sixth articles sixth and forty-seventh stipulate that in accordance with the fifth provisions of the forty-fourth articles of this law, the employer shall pay economic compensation to the laborer. Economic compensation is paid to laborers according to the number of years worked by the laborers in their units, and the standard of 1 months' wages paid every 1 years. Pay to laborers economic compensation The maximum duration is not more than 12 years. The monthly wages mentioned in this article refer to the average wages of laborers in the 12 months before the termination or termination of labor contracts.

In this case, the factory was revoked its business license in January 5, 2012, and the labor relationship between yin and the factory was terminated according to law. The factory should pay the economic compensation for 12 months' wages in accordance with the law. Because Yin did not go to work for many years, he asked for the last year when the labor relations were terminated, that is, Ji'nan, 2011. Minimum wage standard 1100 yuan for the base calculation is not inappropriate, the factory should pay Yin yuan economic compensation of 13200 yuan. After the business license was revoked, the company received it. Integral property right However, if it is not liquidated in accordance with the law, it shall bear joint and several liabilities within the scope of accepting property. Accordingly, the court decided: the factory paid Yin yuan economic compensation 13200 yuan, the company bears joint and several liability.

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The reporter learned from the provincial housing office that the high temperature continued on the dog days, and that the heating and cooling fees could not be discounted or withheld due to low temperatures and rainy days.

The provincial housing office reminded that the standard for the prevention of summer heat and cooling costs is time instead of temperature, and the high temperature allowance is conditional. The implementation time of heatstroke prevention and cooling fee is from June 15th to September 15th (the execution time in Northern Shaanxi is from June 15th to August 15th), and the outdoor workers are 10 yuan per person per day and 6 yuan per person per day. The high temperature allowance is from June 1st to September 30th each year, which is 10 yuan per person per day. All kinds of enterprises arrange workers to work in the open air under high temperature weather (above the maximum daily temperature of 35 degrees Celsius), and can not take effective measures to reduce the temperature of workplace to below 33 degrees Celsius (excluding 33 degrees Celsius). Enterprises should pay high temperature allowance to laborers.

It is reported that everyone has a heatstroke prevention fee, and the high temperature allowance must meet the temperature conditions. If laborers meet two conditions at the same time, they can not only enjoy sunstroke cooling fees but also receive high temperature allowances.

The provincial housing office reminds the vast number of migrant workers friends that the high temperature allowance is not included in the minimum wage standard, and that heatstroke drinks and drugs can not be charged to high temperature allowances. Night shifts can also receive high temperature allowances. The conditions for the payment of high temperature allowance only depend on whether the working environment is outdoor, the temperature of the working environment is not related to whether or not to work on the night shift. If the workplace temperature reaches 33 C during the night shift, the high temperature allowance should be obtained.