Can I Help My Colleagues To Work Overtime?

In accordance with the regulations on industrial injury insurance, the core element of identifying work-related injuries is the personal injury suffered by workers and their work.

Gu Mou is a technical operator of a company in Mengyin county. When he left work at 5:30 p.m. on January 30, 2015, his colleague Li was arranged to work overtime. Li asked Gu to stay and help him to finish his overtime work. Gu Mou is difficult to evasive, agree to stay with Li Mou to work overtime together. In the process of operating the machine, Lee violated the safety rules and regulations, which led to Gu Mou's right hand being squeezed. When Gu Mou asked the company to reimburse medical expenses and pay for work-related injuries, he refused. The company said that Gu Mou's overtime work was not arranged by the company. The injury was also caused by Lee's violation of the rules of operation, and the company should not bear any cost. Gu Mou went to the local labor arbitration department to consult: helping colleagues. overtime Can injuries be dealt with according to work-related injuries?

　　 Labor arbitration Department reply: Gu Mou injury is not in its own working time, but after work. Although the work of Gu Mou's assistance is the work arranged by the company, it is not the company's arrangement for Gu's own work, but rather the company's arrangement for Lee's overtime work. Gu Mou is providing help for Li. Injured And the reason why Gu was injured was Lee's illegal operation. Lee had fault and should be liable for compensation. Therefore, Gu Mou's injury can not be treated according to the industrial injury treatment.

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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: first, whether Zhang Yuling's position of cleaning staff can not execute 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. According to its regulations, enterprises, individual businesses and private non enterprise units in the administrative area of Beijing, the employing units of the state organs, public institutions and social organizations, and the laborers who establish labor contract relations with them shall perform 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.

The two is whether Zhang Yuling resigned voluntarily and whether he 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.