Brief of the case
Ms. Z joined Company B in October 2023 as a sales officer. Company B arranged Ms. Z to sign a labor contract when she joined the company, but Ms. Z did not sign a labor contract because of her delay. During her tenure, Company B arranged personnel to communicate with Ms. Z for many times, urging Ms. Z to sign the labor contract, but she refused to sign it each time on the grounds of "concerns about the terms of the contract". On August 20, 2024, Ms. Z sent the Notice of immediate termination of the Labor Contract to the company, and the two parties communicated on the separation matters and compensation plan on the afternoon of August 20, 2024. After discussion with her family, Ms. Z replied to Company B on the evening of the same day, saying that she agreed to the compensation plan given by the company, and the two sides reached an agreement on terminating the labor relationship. After B company paid the compensation, Ms. Z went back on her word and filed a labor arbitration, asking B company to pay her twice the wage difference, overtime pay, unpaid annual leave pay, etc., totaling more than 140,000 yuan.
Lawyer involvement
Company B believes that Ms. Z's behavior violates the principle of good faith and seriously damages her legitimate rights and interests, and Company B comes to Beijing Rude Law Firm for help.
Beijing Rude Law firm appointed Zhou Dongxue lawyer, Fu Duo intern lawyer to deal with the case.
Lawyer Zhou Dongxue has profound legal theory and rich experience in litigation and non-litigation practice. Since his practice, he has been focusing on the consulting and dispute resolution business related to corporate business, contract disputes, tort disputes, marriage and family disputes, and labor disputes, and served as the legal counsel of many companies, accumulating relatively rich experience in legal services in this field, and providing clients with comprehensive and high-quality legal services.
Good at business: have hosted many difficult and complex company, contract, marriage and family and labor dispute cases, to safeguard the legitimate rights and interests of clients.
Fu Duo, an intern lawyer, graduated from the Law School of Heilongjiang University. He passed the national unified legal professional qualification examination with high scores. He has a solid legal theory foundation and can skillfully use legal language to write and revise documents. During the internship, I assisted practicing lawyers to communicate with parties, sort out cases, hold court proceedings and other services, and assisted practicing lawyers to modify contracts of legal counsel units and consult on legal issues. I am serious and careful, pay attention to details, good at communication and exchange, and strive to do a good job of legal protection for the parties and provide better legal services.
Outcome of case
After receiving the case, lawyer Zhou Dongxue and intern lawyer Fu Duo actively took evidence, carried out a careful analysis of the case and relevant evidence, quickly and accurately judged the relevant materials and ideas needed for arbitration, and made complete preparations for the hearing. Under the efforts of lawyer Zhou Dongxue and internship lawyer Fu Duo, after mediation by Beijing Daxing District Labor Dispute Arbitration Committee, the two parties finally reached a voluntary mediation agreement, and Company B only needed to pay Ms. Z more than 25,000 yuan.
Lawyer's reminder
In labor disputes, in addition to lawful and compliant employment in accordance with the law, the employer should also pay attention to safeguarding its legitimate rights and interests. If it encounters the dishonest behavior of the worker or matters unfavorable to itself, it should actively seek legal help within the scope of the law to safeguard its rights and interests. It is suggested that in the event of labor disputes, try to find a professional team of lawyers for consultation and rights protection, so that not only reduce the time cost, but also get a satisfactory result as far as possible.