Employees Who Resigned Due To Arrears Of Wages Have The Right To Be Dismissed For Financial Compensation.

Zhang Yuling, 40, is a migrant worker from Hubei to Beijing. In March 1, 2009, she was recruited as a dustman by a property company.

The unit entered into a one-year labor contract with her, and renewed it for three years after the expiration.

In February 2013, the company signed an unfixed labor contract with her.

In October 2014, Zhang Yuling found the leader of the property company and indicated that his salary was lower than the minimum wage standard in Beijing.

The other party immediately refused: "the wage standard of our company cleaning staff is determined according to its workload, and it has nothing to do with the minimum wage standard of Beijing."

On the second day, Zhang Yuling sent a notice of termination of labor relations to the unit, and later did not go to work.

Before long, the property company received the notice of accepting the case from the labor arbitration committee.

Originally, Zhang Yuling had applied for labor arbitration, requiring the original unit to make up the difference between the minimum wage and to pay the economic compensation for the termination of labor relations.

During the arbitration trial, the property company indicated that the minimum wage balance could be filled, but refused to pay the economic compensation for the cancellation of the labor contract, because Zhang Yuling resigned from his own initiative.

The company official said: "we did not unilaterally terminate the labor contract with her, nor did she force her to resign. And before she resigned, she did not greet the company, making us unprepared. For several days, we did not find the right cleaning staff, so that the office area sanitation which was originally responsible for her appeared messy and seriously affected the normal working environment of our unit.

Look at her previous work efforts, the company will not pursue its responsibilities. How can we let her get rid of the economic compensation for labor relations? "

After hearing the trial, the court recently decided that the property company paid Zhang Yuling less than the minimum wage difference in the city and the total economic compensation for the rescission of the labor contract totaling 9500 yuan.

The case involves two questions: one is where Zhang Yuling is.

Is it possible to not enforce the minimum wage standard?

The tenth provision of the wage payment in Beijing clearly requires that the employer should abide by the minimum wage in this Municipality and pay the wages of workers not lower than the minimum wage standard.

In accordance with its provisions, the employing units of enterprises, individual businesses and private non enterprise units, municipal organs, public institutions and social organizations in the administrative area of Beijing shall be established and established with them.

The workers in the relationship should be implemented accordingly.

That is to say, no matter what position the employee pays, the remuneration paid by the property company can not be lower than the minimum wage standard of Beijing.

Two, Zhang Yuling is an individual.

Whether it has the right to get the economic compensation from the labor contract.

The labor contract law stipulates that if the employer fails to pay the labor remuneration in full and in time, the worker can terminate the labor contract and the employer shall pay the economic compensation to the laborer.

Zhang Yuling, a cleaner in the case, repeatedly asked for compensation when the property company failed to pay the labor remuneration in full and in time. She resigned on this grounds and was in compliance with the statutory circumstances of the employer's payment for economic compensation, so the court decided that the property company should pay her the same economic compensation for the cancellation of labor.