Four foreign performers working in a performance company brought lawsuit against the company for unpaid wages. The court ordered the company to pay the performers and the employer appealed the decision to the Beijing First Intermediate Court.
According to investigations, the four foreign performers were hired by the Huayu Yanyue (Beijing) International Culture and Media Company on January 21, 2015 to come to China and perform with a circus company. The signed contract stipulated that monthly wage is 1000 USD and contracted employment is from January 21, 2015 to March of 2015 and April of 2015 to October of 2015 respectively. The lawsuit was brought by four different foreign performers, with a leading plaintiff requesting 5500 USD wage, 8700 RMB accommodation reimbursement, 2500 RMB airfare and 250 RMB translation fees. After reviewing the similarities in the cases, the court decided to combine the four individual cases with agreement from the plaintiffs.
During the hearing by the lower court, the performance company argued that the employer is required to pay only for work performed and the plaintiffs had refused performance during contract which resulted in losses for the company.
After examining the facts in the case, the lower court agreed with the plaintiffs and ordered Huayu Yanyue Company to pay up all that was owed.
The appeals court, the Beijing First Intermediate Court, has begun hearing the case this month. The two parties have failed to come to an agreement under adjudication and the court has yet to hand down a decision in the case.
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Keywords: company appeals decision foreign performers sue a circus company for delinquent pay and wins
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