Introduction of the Case

      Xiao Li joined Company A (general partnership) on 30 March 2009, once signed a labour contract, the term of the labour contract for the period from 30 March 2009 to 31 December 2010, as a maintenance engineer. Xiao Wang was the managing partner, after the expiry of the labour contract Xiao Li was arranged by Xiao Wang to work in Company B, the labour remuneration was transferred by Xiao Wang and other individuals or paid by Company B, and the work was arranged and managed by Xiao Wang as well as the staff of Company C. On 1 February 2017 Xiao Li signed an open-ended labour contract with Company C as the deputy director of the marketing department, with a monthly wage rate of RMB 20,000 yuan for basic salary + job salary of 5,000 yuan + communication allowance of 200 yuan, the 10th of each month in the form of bank transfer to pay the previous natural month's salary, the implementation of standard working hours system. On 14 October 2024, Xiao Li sent a notice of forced termination of the employment contract to Company C because Company C was in arrears with its remuneration.

Lawyer Intervention

     Xiao Li believed that Company C owed him wages and the difference in wages for untaken annual leave, and did not pay the economic compensation for termination of the labour contract for a long period of time, which harmed his legitimate rights and interests as a labourer, so he came to Beijing Ruide Law Firm to seek help.

       Beijing Ru de Law Firm assigned Zhou Dongxue and Han Yi to handle the case.

     Zhou Dongxue has profound theoretical foundation in law and rich experience in litigation and non-litigation practice. Since the practice has been focused on company business, contract disputes, tort disputes, marriage and family, labour disputes related to consulting and dispute resolution business, and as the legal adviser of a number of companies, in the field of legal services has accumulated a wealth of experience, but also for the customer to provide a full range of high-quality legal services.

     She has also provided comprehensive and high-quality legal services to her clients. She has sponsored many difficult and complex corporate, contract, marriage and family, and labour dispute cases, and safeguarded the legitimate rights and interests of her clients.

     Han Yi intern lawyer graduated from Dalian University Law School, has a solid professional knowledge of law and rich work experience, familiar with all kinds of official documents, legal text writing; has excellent expression and communication skills; has excellent judgement and logical analysis ability; integrity, compliance with the law; a wide range of hobbies, happy to be with people, and do our best to provide customers with more quality legal services.

Process of Handling the Case

      In the process of handling the case, Zhou Dongxue lawyer and Han Yi intern lawyer made a detailed analysis of the case, sorted out the supplementary evidence, clarified the legal relationship, and applied the law to reach a conclusion, forming a complete litigation structure. The lawyers believed that according to the relevant legal provisions, company C owes wages and unpaid annual leave wages, should pay economic compensation to Li. During the trial, Zhou Dongxue and Han Yi argued on the basis of reasoning, and in the end, the Labour Dispute Arbitration Committee supported Xiao Li's litigation request and ruled that Company C should pay economic compensation, wages and unpaid annual leave wages to Xiao Li, which amounted to about 340,000 yuan in total. Ru de Law Firm successfully defended the legal rights and interests of the client!

Lawyer Reminder

     According to the law, if the employer fails to pay the labour remuneration in full and on time, the worker has the right to terminate the labour contract unilaterally. In this case, the employer shall pay economic compensation to the worker. Therefore, it is the employer's legal obligation to pay the full amount of labour remuneration, and it is recommended that the employer pays the workers in full and on time in accordance with the wage standard and wage payment schedule stipulated in the employment contract, in order to avoid the risk of litigation. At the same time, it is also recommended that the majority of workers seek help from professional lawyers when faced with unlawful acts such as non-payment of wages that harm their legitimate rights and interests!