the second trial to amend the illegal rescinding compensation finally received full support!

Date:2024-11-29 15:48:07  Views:122

Introduction of the case

    In September 2013, Mr. Ma joined a company in Beijing as a senior manager of engineering audit, with a contract period from September 2013 to September 2023.

    On August 19, 2022, the company sent Mr. Ma a notice of termination of the labor contract on the grounds that Mr. Ma failed to maintain his work independence, failed to establish a clean and honest style of work, and seriously violated the company's rules and regulations. Mr. Ma did not recognize the reason for rescission, thinking that the company was illegally rescinding the labor contract, and then Mr. Ma applied for labor arbitration, asking the company to pay the unpaid wage difference and compensation for illegally rescinding the labor contract. With the help of lawyer Rude, the labor arbitration supported Mr. Ma's request for arbitration, and the company appealed to the court after the ruling, and the court of first instance found that the company was legally terminated and did not need to pay compensation for illegal termination. After the host lawyer and Mr. Ma conducted in-depth communication and analysis on the details of the case, Mr. Ma decided to appeal to the Intermediate People's Court. Under the efforts of lawyer Liu Qiang and intern lawyer Han Yi, the second trial judge supported Mr. Ma's appeal request, and finally fully supported the illegal rescinding of the compensation, and the case was a complete victory!

Solicitor general

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    Liu Qiang, the representative of Beijing Haidian District Lawyers Association, the chief legal adviser of Lushang Association, the chief legal adviser of Beijing Changzhi Enterprise, the expert lawyer invited by the "How to Do" column of People's Net, has been the exclusive interview of People's Daily and Beijing Daily, and the director of Haidian District Excellent Law Firm in 2019.

Good at business: labor disputes, legal counsel, commercial arbitration, corporate business, economic disputes, contract disputes, real estate disputes, marriage and family.

    Service units: International Cooperation Center of National Development and Reform Commission, Chinese People's Liberation Army Academy of Military Sciences, Beijing Guancheng Xinji Real Estate Development Co., LTD., Beijing Berlin International Architectural Design Co., LTD., Beijing Zhiweixian Project Management Consulting Co., Ltd. and other more than 10 service units. Representative of Beijing Haidian District Lawyers Association, chief legal adviser of Lushang Federation, chief legal adviser of Beijing Changzhi Enterprise, invited expert lawyer of "How to do" column of People's Net, has won an exclusive interview with People's Daily and Beijing Daily, and director of Haidian District Excellent Law Firm in 2019.

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    Han Yi graduated from the Law School of Dalian University. With solid legal knowledge and rich working experience, he is familiar with the writing of various documents and legal texts. Excellent presentation and communication skills; Excellent judgment and logical analysis ability; Be honest and law-abiding; I have a wide range of hobbies, enjoy interacting with people, and do my best to provide clients with better legal services.

Process of handling a case

    After careful analysis of the case, lawyer Liu Qiang and intern lawyer Han Yi actively took evidence and believed that the judgment of the court of first instance lacked factual basis. Under the efforts of lawyer Liu Qiang and intern lawyer Han Yi, the court of second instance revised the sentence, supported Mr. Ma's appeal, and ruled that the company should pay Mr. Ma his due wages and compensation for illegally rescinding the labor contract totaling more than 550,000 yuan.

Lawyer's reminder

    In labor disputes, workers are often in a vulnerable position, and many workers do not know enough about the Labor Law and related laws. When the company violates its rights and interests, such as illegally rescinding labor contracts, workers may not know how to safeguard their rights and maximize their interests, thus suffering unnecessary economic losses. Therefore, it is recommended that legal disputes such as labor disputes should be consulted by professional lawyers to defend their rights on behalf of them, so as not only to reduce the time cost, but also to obtain satisfactory results as far as possible.