Workers Should Also Be Compensated For Resigning Voluntarily.

In early July 2012, Zhang worked for a company.

The company did not pay social insurance premiums for Zhang, but also owed 6 months' wages.

Zhang asked the company to reissue labor remuneration and was refused by the company on the ground of recent financial constraints. He then resigned and filed an arbitration application with the local labor and personnel dispute arbitration committee, requiring the company to reissue labor.

And pay economic compensation.

After the trial, the Arbitration Commission held that

The thirty-eighth article,

Any worker who fails to pay the full amount of labor remuneration in time or fails to pay social insurance premiums for workers in accordance with the law shall, on the basis of this notice, notify the employer to terminate the labor contract and have the right to require the employer to pay economic compensation in accordance with the law.

In this case, since the company has recruited Zhang, he should pay labor remuneration in time and pay social insurance premiums in accordance with the law and contract.

Zhang resigned on the grounds of the company's illegal acts, and was entitled to economic compensation.

After mediation by the Arbitration Commission, the company handled Zhang's resignation procedures and paid Zhang's economic compensation and arrears of wages.

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In March 18, 2015, Fu MOU signed a building contract agreement with a construction company in the name of a labor dispatch company.

The agreement stipulates that workers should be held responsible for work-related injuries.

Fu Mou gave the construction company a copy of the business license of a labor dispatch company, and subsequently recruited more than 100 people in the name of the labor dispatch company to start construction.

In May 6th, when the peasant worker Zhang worked, he accidentally fell down from the scaffolding on the third floor and spent 134 thousand yuan on treatment.

Zhang asked for compensation for work-related injury.

Fu Mou called it an individual contract, and the compensation for work-related injury should be borne by the construction company.

The construction company claimed that the contractor contracted the project in the name of the labor dispatching company. The two sides stipulated the compensation for industrial injury in the agreement, and the workers were recruited by Fu Mou and should be liable for industrial injury compensation.

Is the project contracted in the name of a labor dispatch company? According to the fifty-seventh provision of the labor contract law, "the dispatching unit shall be established in accordance with the relevant provisions of the company law."

When a contracting agreement was signed with the construction company, only a copy of the business license of the labor dispatching company was provided to the construction company, and the official seal of the company was not stamped without providing the enterprise qualification certificate or the necessary materials such as the letter of authorization of the company.

The photocopy of the business license can not be recognized as unit behavior without the confirmation of the official seal of the unit. When signing the contract for labor service contract, the two parties only pay the signature of a person without the seal of the labor dispatching company, and the unit will not bear any consequences.

Therefore, Fu Mou contracted the project in his own name, and his behavior had nothing to do with a labor dispatch company.

According to the fourth provision on the establishment of labor relations related matters, Fu Mou and construction companies are responsible for the main responsibilities of the workers. According to the provisions of the article, "the construction units, mining enterprises and other employing units will contract the project (business) or the management right to the organizations or natural persons who do not have the qualification of the employment subject, and the workers who are recruited to the organization or natural persons shall bear the responsibility of the main body of the employment by the employer who has the qualification of the employer."

A construction company will contract the project to a natural person who does not have the qualification of the employment subject. The worker who pays for a natural person should bear the responsibility of the main body of a construction company with the employer's qualification.

Is it lawful for a company to bear responsibility after an industrial injury? When a contract is contracted for a project, if a construction company is provided with the necessary materials for a labor dispatching company, and when the labor contract is signed, the official seal of a labor dispatching company is affixed. The payment is contracted in the name of a labor dispatch company. After the industrial injury occurs, it should be assumed by a representative of a labor dispatch company.

Since a construction company is not strict with itself, it causes itself to become an employer, and the terms agreed upon by the two parties in the agreement for industrial injury are invalid. A construction company shall bear the liability for compensation after work-related injuries.