Introduction of the case

    Xiao Wang joined Company A on May 7, 2018, working in the Beijing branch of the company as a personnel and administration specialist. The two sides signed a labor contract (the labor contract shows that the work place is Beijing and the location of the company's project). Xiao Wang's monthly salary standard is 8,500 yuan, and Company A pays the last natural monthly salary in the form of bank transfer from 10 to 15 days every month. Due to poor management, Company A negotiated with Xiao Wang to change the work place to Shanghai or Shenzhen and increase his salary, etc., but Xiao Wang did not agree, and applied for arbitration to the arbitration Commission on June 18, 2024, requiring Company A to pay Xiao Wang compensation for illegal termination of labor relations, unused annual leave salary and overtime pay, totaling more than 180,000 yuan.

Lawyer involvement

    Company A believes that there is no unilateral termination of labor relations, there is no need to pay compensation to Xiao Wang for illegal termination, and Xiao Wang's annual leave has been taken, and there is no overtime behavior. After repeated communication with Xiao Wang has been fruitless, Company A went to Beijing Rude Law Firm for help.

    Beijing Rude Law firm appointed Zhou Dongxue lawyer, Han Yi 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.

    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, lawyers Zhou Dongxue and Han Yi intern lawyers believe that the company does not exist unilateral termination of labor relations, and employees have no right to ask the company to pay compensation for illegal termination. After in-depth communication with A company, investigation and evidence collection, lawyer Zhou Dongxue and intern lawyer Han Yi sorted out the evidence materials of the case, prepared solid evidence materials before the trial, and made full preparation for the trial defense.

Outcome of case

    Lawyer Zhou and intern lawyer Han Yi demonstrated a clear logical structure in the trial, able to clarify the facts, sort out the evidence, clarify the legal relationship, and apply the law to reach a conclusion, forming a complete litigation structure. In the end, the Beijing Chaoyang District Labor Dispute Arbitration Commission ruled that Company A only paid Xiao Wang an economic compensation of more than 50,000 yuan for the termination of labor relations, and rejected Xiao Wang's other arbitration requests. The lawyers of Rude Law firm used their professional ability to recover more than 130,000 yuan for Company A and avoid losses for Company A.

Lawyer's reminder

    After the establishment of the labor relationship between the employer and the worker, the employer shall regulate the employment, protect the rights and interests of the employee in strict accordance with the labor law and relevant provisions, and handle the termination of the labor relationship with the worker in strict accordance with the provisions of the labor contract law. While providing labor, laborers shall abide by the rules and regulations of the employing unit and accept its management. Therefore, the company should be reminded to improve the rules and regulations in accordance with the law, and timely publicize or inform the workers of the rules and regulations, so as to achieve legal employment and legal termination; The majority of workers should also improve their legal awareness, abide by the rules and regulations of the unit, and safeguard their legitimate rights and interests within the scope of the law.