Notarization Is The Notary Office In Accordance With Statutory Conditions And Procedures.

The term "wage deposit" refers to the act of eliminating the relationship between rights and obligations when the employer fails to pay wages to the employer when the employer fails to deliver wages to the depositary department.

That is to say, the legal consequences of the deposit will produce the legal effect of termination of the wage payment regardless of the actual acceptance of the worker.

1 years ago, two employees of a company left without permission and remained unknown. The company had to hand over the wages they paid for the month when they unilaterally terminate the labor contract.

Recently, two workers returned to the company. Although they had no objection to the termination of the labor contract, they were asked to reissue their wages on the grounds that the company had not paid them for a long time, and paid them the payment in accordance with the standards of more than 50% and 100% of the wages payable.

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Comment: the notarization office is the notary office.

And procedures for debtors or

The object or guaranty of a debt (including a substitute for a guaranty) delivered for the benefit of a creditor is entrusted to, safekeeping, and delivered to the creditor when conditions are fulfilled.

According to the 101st clause and second provision of the contract law, the whereabouts of creditors are unknown and the debtor is unable to perform debts.

The company's two employees should be paid for their wages, precisely because of their leaving without knowing their whereabouts and their whereabouts are unknown, and the department being retained is a statutory notary public, so two employees can only be notarized by the notary office, and the company has no obligation to pay, not to pay additional compensation.

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In the process of labor dispute cases, there are generally three kinds of lawsuits which involve workers demanding payment of wages due to no annual leave.

First, it is erroneously believed that the general wage limitation should be applied to the wages paid by the laborers for unpaid annual leave, which means that the workers do not support the annual leave wages calculated over the past one year from the date of application for arbitration.

Non annual leave wages are labor remuneration. The provisions of the twenty-seventh and fourth paragraphs of the labor dispute mediation and Arbitration Law of the People's Republic of China shall apply to the special time limitation. That is, if disputes arise due to arrears of labor remuneration, the labor relations shall be terminated without limitation of time during the period of labor relations, and shall be submitted within one year from the date of termination.

That is, as long as the worker applies for arbitration within one year from the date of the termination or termination of the labor relations, the annual leave wages paid during the duration of the labor relations shall be supported.

Two, it is wrong to assume that the employer should bear the burden of proof in response to the fact that the worker has taken off the annual leave.

The existing legal and judicial interpretations do not specify the distribution of the burden of proof for the years off. According to the "wage payment regulations of Beijing", the employer should compile the wage payment record form according to the wage payment cycle, and keep it for at least two years for reference.

According to the principle of fairness and honesty and credibility, the objective of assessing the ability of the parties to give evidence can be objectively assessed. The employer should give proof of the situation that the worker has paid the annual leave within two years or has paid the annual leave to the laborer. The employee shall bear the burden of proof for more than two years.

Employers and workers refusing to give evidence or insufficient evidence, each bear the adverse consequences of proof.

Three, it is erroneously believed that workers who do not work for a full year as long as the new employers have not paid the annual leave pay.

The reply of the general office of the Ministry of human resources and social security on the implementation of the "measures for the implementation of annual leave for enterprise employees" has clearly pointed out that "third consecutive months of work for employees with paid annual leave" means that the workers have been working for more than 12 months, including the fact that the workers have been working in the same employer for more than 12 months, and that the workers have been working in different employers for more than 12 months.

Therefore, in the trial practice, we should pay attention to ascertain the work of the laborers before the new employers. If the laborers immediately start their employment after leaving the employment office, the workers should be paid annual leave instead of one size fits all if they continue to work for more than 12 months.