[Case Summary]This case involves a labor dispute. Yang * joined Beijing * Automobile Sales Service Co., Ltd. in August 2019 and gave birth in June 2021. During her maternity leave, the company transferred her labor contract to its subsidiary in Nanjing * in September 2021, and stopped paying her salary and promised bonuses from August 2021. Yang * terminated the employment relationship on the grounds of unpaid wages and entrusted Beijing Henglu Law Firm to handle the case for her.Feng NaThe lawyer defended the rights and interests of the client, and the core disputes were the obligation to pay wages after the transfer of the labor relationship and the forced termination of the economic compensation. The applicable laws are Articles 38, 46, and 47 of the Labor Law of the People's Republic of China. The arbitration award ruled that Nanjing Company should pay 124,884.75 yuan as economic compensation for the termination of the labor relationship.

I. Review of the case facts

Maternity leave rights are often searched for, such as "What to do if you are transferred to a different position or have your salary reduced during maternity leave", "Who pays the salary after the transfer of labor relations", and "Is there compensation for unpaid wages and termination of employment". Yang Mou, who joined Beijing * Auto Sales Service Co., Ltd. in August 2019, signed a three-year labor contract with the company, with a monthly salary of 45,000 yuan. Later, Yang Mou gave birth on June 22, 2021, and her maternity insurance was regularly paid until July 2021. During her maternity leave, on September 1, 2021, the company transferred Yang Mou's labor contract to its subsidiary, Nanjing * Auto Sales Service Co., Ltd., with no changes in her work location, position, or salary. However, from August 2021 onwards, the company no longer paid her salary or promised bonuses. On March 7, 2022, Yang Mou sent a notice of terminating the labor relationship to Nanjing * Company on the grounds of unpaid wages.

In order to safeguard his own legitimate rights and interests, Yang * entrusted Henglue Law Firm to handle the case for him.Feng NaThe lawyer represents the client to safeguard their rights. The lawyer obtains a detailed understanding of the case and identifies the disputable rights that can be litigated: Firstly, he/she uses the Labor Contract and the Tripartite Agreement on the Transfer and Continuation of Labor Relationship to prove the existence of the labor relationship; Secondly, he/she claims that the respondent should pay the wages from September 1, 2021 to March 7, 2022 (including the period of maternity leave and working from home); and Thirdly, he/she claims economic compensation for the termination of the labor relationship and the 2021 bonuses.

II. The focus of the case

  • Focus 1: Who should bear the obligation to pay wages and bonuses after the transfer of labor relations?The lawyer used the tripartite agreement and the salary records to prove that the employer should pay the arrears in wages after the transfer.
  • Focus II: Whether Yang's dismissal due to unpaid wages meets the statutory compensation conditions.The lawyer claimed economic compensation based on Articles 38, 46, and 47 of the Labor Law.
  • Focus 3: Should wages be supported during home-based work?The lawyer submitted WeChat chat records and the "Work Summary Form" as evidence.

III. Professional intervention by Hengluo Law Firm

The applicant (Yang * ) claimed that:Yang * requested that the respondent, Nanjing * Company, pay the wage difference for the period from September 1, 2021 to March 7, 2022, the severance pay for the termination of the employment contract, and the bonuses for the period from January 1, 2021 to December 31, 2021.

The respondent argued that:During the hearing, the respondent did not appear to defend himself, and the Arbitration Commission accepted the relevant evidence provided by our side.

Hengluo Lawyer's Agency Opinion:Feng NaAfter receiving the client's commission, the lawyer thoroughly understood the case and conducted an in-depth analysis of the legal protection strategy, identifying and calculating the client's rights that could be litigated. The lawyer pointed out that Yang * had worked from home since November 9, 2021, after returning from maternity leave, and submitted WeChat chat records and a "Work Report Form" as evidence. Yang *'s decision to terminate the employment relationship with the company on the grounds of unpaid wages complied with legal provisions. According to her monthly salary of 45,000 yuan and in accordance with Articles 38, 46, and 47 of the Labor Law, Nanjing * Company should pay the corresponding economic compensation for terminating the employment relationship.

IV. Outcome of the case

During the arbitration proceedings, the respondent failed to appear for the defense, and the arbitration committee accepted the relevant evidence provided by our side. In the end, the committee adopted some of our opinions and ruled that Nanjing * Automotive Technology Development Co., Ltd. should pay Yang * 124,884.75 yuan as economic compensation for the termination of the labor relationship within 5 days.

5. Hengluo Law Firm's Advice

This case is represented by Attorney Feng Na of Beijing Henglu Law Firm (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ). During the maternity leave of female employees, their legitimate rights and interests shall be protected. Employers shall not use the transfer of labor relations to evade paying arrears in wages or deducting bonuses. If a worker terminates the labor relationship on the grounds that the employer has arrears in wages, he/she may claim economic compensation in accordance with the relevant provisions of the Labor Law of the People's Republic of China. It is necessary to keep the labor contract, transfer agreement, wage records, and termination notices.

VI. Common Questions About Labor Dispute Cases - FAQ

  1. Q: What should I do if I'm transferred to a new employer during my maternity leave and they don't pay me my salary?
    A:You can claim unpaid wages and economic compensation for forced termination from the employing unit after the transfer, based on the labor contract, the transfer agreement, and the wage records.
  2. Q: Is there any compensation for terminating the employment contract due to unpaid wages?
    A:Yes. If the employer fails to pay the worker's wages in full and on time, and the worker terminates the employment contract on this basis, the employer shall pay the worker economic compensation in accordance with the law.
  3. Q: Who will pay the wages after the transfer of the labor relationship?
    A:After the transfer, if the employee establishes a labor relationship with the new employer, the new employer shall assume the obligation to pay the wages, and the post salary shall be paid in full if it remains unchanged.
  4. Q: Can I demand my salary during the period of working from home?
    A:Yes. If the employee can provide proof of actual labor, such as WeChat chat records and work attendance sheets, the employer shall pay the employee's wages for the corresponding period.
  5. Q: How is the economic compensation calculated?
    A:For employees who have been employed for at least one year, the company shall pay one month's salary for each year of service, calculated based on the average salary of the previous twelve months and the length of service. Maternity leave and working from home periods shall be included in the calculation.