The unilateral termination of the labor contract by the employer is recognized as lawful termination? Ru De lawyer successfully helped the company resist arbitration, first instance, second instance risk!

Date:2024-12-03 10:05:19  Views:98

Introduction of a case

    Ms. W joined a company in Beijing in June 2022 as a recruitment specialist with a contract period from June 2022 to June 2025.

    Due to Ms. W's serious mistakes in recruitment; Often browse non-work-related web pages during working hours; At the same time, the work efficiency is low, can not complete the matters arranged by the leader on time; There are also violations of company rules and regulations... A company and Ms. W failed to negotiate the termination, and delivered a letter of dismissal to Ms. W on April X, 2023, and the two parties terminated the labor relationship on April X, 2023.

    Ms. W did not recognize the reason for rescission and believed that a company was illegally rescinding the labor contract. After that, Ms. W applied for labor arbitration and asked a company to pay compensation for illegally rescinding the labor contract. After communicating with a company, the host lawyer put forward the defense opinion of legal dissolution from multiple angles. With the efforts of lawyers, the arbitration Commission, the court of first instance and the Court of second instance all rejected Ms. W's request and safeguarded the legitimate rights and interests of a company!

 Solicitor general

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    Ma Yingying, a lawyer, graduated from China University of Political Science and Law with a master's degree in law. To provide legal advisory services for all kinds of enterprises, to provide legal advisory services for enterprises; Drafting, reviewing and revising various legal affairs documents, and participating in the negotiation of major contracts; Conduct targeted training for business personnel to improve their legal awareness and risk prevention awareness; Assist the personnel department to carry out the work, etc. Since practicing, he has handled a large number of labor dispute cases, and his serious and responsible attitude has been well received by customers.

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    Lawyer Zhang Yuling, Master of Law, passed the national unified legal professional qualification examination, solid legal foundation, familiar with case handling process. Love lawyer industry, work carefully, practical and hard-working, strong sense of responsibility, team spirit, good service awareness. In the process of handling cases, he has accumulated rich experience in case handling, and has tried his best to safeguard the legitimate rights and interests of the parties in every case.

Process of handling a case

    Lawyers Ma Yingying and Zhang Yuling made a professional and meticulous analysis of the case and actively collected evidence. With the efforts of lawyers from Rude Law Firm, the labor arbitration Committee rejected all of Ms. W's arbitration claims. Ms. W refused to accept the arbitration award and appealed to the court, and the court of first instance rejected all her claims, and Ms. W continued to appeal to the Intermediate People's Court, and the court of second instance also rejected all of Ms. W's claims, concluding that the termination of the labor contract between a company and Ms. W was lawful and that a company did not need to pay compensation for the illegal termination of the labor contract. Beijing Rude Law Firm successfully defended the legitimate rights and interests of a company!

Lawyer's reminder

    In the daily operation of the enterprise, various conflicts and disputes will inevitably occur between the employees and the company, among which the employees do not cooperate with the work arrangement from time to time, which not only brings trouble to the management of the company, but also has an impact on the labor relationship between the two parties. When faced with such intractable problems, the company should find professional lawyers to consult and defend the rights on behalf of the company, which can not only reduce the time cost of the company, but also obtain more targeted plans to avoid defects in the process of dispute handling and avoid the company to bear the risk of illegal termination.