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What should the property company do if it defaults on employees' wages?
According to the provisions of Articles 38 and 47 of Labor Legitimacy, if an enterprise fails to pay labor remuneration in full and on time, the employee may terminate the labor contract and require the enterprise to pay economic compensation for the termination of the contract according to law. In addition, according to the above discussion on the legal liability of enterprises, workers can also ask enterprises to pay economic compensation equivalent to 25% of their wages when they deduct or default wages without reason. In a word, workers can claim and safeguard their rights in the following ways:
(1) Laborers can apply to the arbitration commission with jurisdiction for labor arbitration on the above matters, and the limitation period for applying for arbitration is one year. The limitation period for arbitration shall be counted from the day when the laborer knows or should know that his rights have been infringed. If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the laborer's application for arbitration is not subject to the limitation period of arbitration mentioned above; However, if the labor relationship is terminated, an application for arbitration shall be filed within one year from the date of termination of the labor relationship.
(2) If the enterprise is in arrears or fails to pay the labor remuneration in full, the employee may apply to the Arbitration Commission for arbitration, or apply to the local grassroots people's court with jurisdiction for a payment order according to the provisions of the Labor Contract Law. The people's court shall, within 5 days, inform the laborer whether to accept or not. After acceptance, if the application meets the statutory requirements after examination, the people's court will issue a payment order to the enterprise within 15 days from the date of acceptance. If the application is not established, the ruling shall be rejected. If the enterprise raises a written objection within 15 days after receiving the payment order and it is supported by the court, resulting in the court ruling that the payment order is invalid, the workers are not helpless. According to the provisions of Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (II), as long as the employee has the wages owed by the enterprise, he can bring a lawsuit directly to the people's court without applying for labor arbitration before this. If the enterprise fails to raise objection or perform the payment order more than 15 days after receiving the payment order, the employee may apply to the court for compulsory execution.
Second, what is the responsibility of property management?
According to the provisions of the Civil Code, the scope of property management is relatively broad, covering almost all aspects of people's food, clothing, housing, transportation, culture, education, medical care and health care. To sum up, there are roughly the following aspects:
1, house maintenance management, which is the main aspect of real estate management. Maintenance and management of the house and its equipment, ensure that the house and its equipment are applicable under normal circumstances, and will not be damaged due to unreasonable facilities and improper use, and keep the house and its equipment in good condition. Through the repair of houses, equipment and facilities, the service life of houses, equipment and facilities will be extended and natural elimination will be reduced. Give full play to the utility of houses and equipment and safeguard the legitimate rights and interests of property owners and users.
2. Greening management. Formulate and implement the regulations on greening management in residential areas to provide a warm and elegant living environment for property owners and users.
3. Health management. Provide high-quality sanitary environment areas for owners and users, and meet the housing needs of owners and users.
4. Public security management. Including the safety management of buildings and their equipment and facilities, the personal safety and property safety management of property owners and users, the formulation and implementation of safety measures such as fire prevention and theft prevention.
5. Vehicle traffic management. Management of main passages, parking spaces and facilities in residential areas.
6. Management of public municipal facilities. Entrusted to manage municipal facilities such as water supply, power supply, gas supply, heating, posts and telecommunications. , including collecting and paying related fees.
7. Management of illegal buildings. Cooperate with the competent department of illegal construction to report, supervise and manage illegal construction.
8. Various life services. Carry out routine services such as public corridors, roads outside buildings, public toilets, and garbage removal; Open up night parking lots, farmers' markets, tourism services, flower and seedling sales and other business services. Provide convenience for owners and users, increase income and make up for the shortage of management funds.
The above knowledge is Bian Xiao's answer to the question "How can a property company defend its rights without paying wages?" When the property company fails to pay the workers, the workers can defend their rights by investing in the labor inspection brigade or directly applying for labor arbitration. Readers who need legal help are welcome to seek legal advice.
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