Law Lecture Hall: Behavior Of Wage Arrears In Garment Factories

Revoking the business license of an enterprise legal person is an administrative punishment imposed by the administrative department for Industry and Commerce on the illegal enterprise legal person in accordance with the state industrial and commercial administrative regulations.

When a business entity is revoked its business license, it shall be liquidated in accordance with the law, and after the liquidation procedure is completed and the registration of industrial and commercial cancellation is completed, the enterprise law personnel shall be wiped out.

A few days ago, the labor and social security supervision agency received reports from workers, reflecting the behavior of a garment factory in arrears of wages.

The informant was afraid to report in real name because he was still working in the unit, so the labor and social security supervision organization could not further understand the situation.

After receiving the report, the labor and social security supervision agency dispatches the labor protection supervision to the garment factory according to law.

When the inspector visited the house, the staff of the garment factory said that the director Zhang was out, unable to provide information on the spot, and the inspector issued the "investigation Enquiry", which required the unit to provide comprehensive and complete labor employment materials, and was asked to investigate.

Later, the head of the clothing factory, Zhang Zhang, came to the labor and social security supervision agency as promised. The garment factory was revoked by the administrative department for Industry and Commerce in April 2012 because of that, but it has not gone through the cancellation procedure. At present, the unit is still in normal operation. Due to the tight turnover of the unit, the wages of employees in 2016 May have not yet been paid.

In this regard, the Ombudsman told Zhang that although the business license of the unit has been revoked by the administrative department for Industry and commerce, there still exist business activities. The unit should pay the wages of employees as soon as possible, protect the legitimate rights and interests of employees, and suggest Zhang to get a legally valid business license as soon as possible.

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The person in charge said it would pay as soon as possible.

Staff salaries.

Under the supervision of the labor and social security supervision institution, Zhang Zhang, the head of the clothing factory, paid all the arrears of wages to the employees, and the wages and interests of the employees were guaranteed.

Subsequently, the labor and social security supervision agency informed the administrative department of industry and commerce that the unit had revoked its business license but was still in operation.

In the process of handling the case, there are two main points of view on whether the labor and social security supervision organs can investigate and deal with their behavior of arrears of wages in the units that do not have legal business qualifications: one view is that employers should bear all the responsibilities in the sense of labor law.

First of all, according to law.

However, the illegal workers who are still in operation are not in line with the conditions of the employing units in form, but in fact, they constitute the substantive requirements of individual businesses or enterprises. Secondly, there is no fault for the workers as the opposite party in the illegal employment relationship, and they should not be protected by the labor law because of the illegal activities of the illegal workers. The labor and social security supervision organs should investigate and punish their behavior of arrears of wages.

Another view is that if the employer loses its legal business qualification, it should inform the industry and Commerce Administration Department of its illegal business activities, and the labor and social security supervision institution can not handle it.

Therefore, the author believes that an enterprise legal person should bear the corresponding responsibility if he or she has been employed by the industry and Commerce before canceling the business license. If the worker has already paid the labor, the unit or its investor should pay the laborer, the economic compensation and the compensation according to the ninety-third provision of the labor contract law.

At the same time, according to the thirty-third provision of the labor security supervision Ordinance, for the absence of a business license or the cancellation of a business license by law, if there is labor employment behavior, the labor and social security administrative department shall implement labor security supervision in accordance with these regulations, and promptly notify the administrative department for Industry and commerce to investigate and ban it.

In this case, although the clothing factory has been revoked its business license according to law, but there are still business activities, there are labor employment behavior and workers have already paid labor, labor security supervision organs should implement labor security supervision to the unit, investigate and correct the illegal activities of arrears of wages, and promptly notify the administrative departments for Industry and commerce to investigate and ban them.