Brief of the case

    Worker A joined Company B as a photographer on April 1, 2019, and the two parties signed a fixed term labor contract, the contract period from April 1, 2019 to April 1, 2022, and agreed to pay the last month's salary on the 10th of each month. After the expiration of the labor contract between the two parties on April 1, 2022, Company B did not renew the labor contract with Company A but still maintained the employment relationship. Later, Company B terminated the labor relationship on July 31, 2022 because Company A did not meet the job requirements. Company A believes that Company B unilaterally terminated the labor contract and did not renew the labor contract with Company B in time, which seriously damaged its vital interests. A has communicated with B company for many times, but has not received an effective response. In order to protect its legitimate rights and interests, A filed an arbitration to the labor dispute Arbitration Commission. After the labor Dispute Arbitration Commission issued an arbitration award, Company B filed a lawsuit against the arbitration award in accordance with the law. After the court of first instance issued a judgment, Company B still appealed against the judgment of first instance, and the Middle Court made a judgment of second instance, which is the final judgment.

Lawyer involvement

    For the first time, A entrusted Beijing Rude Law Firm to safeguard its legitimate rights and interests in the arbitration stage, and then successively entrusted it to the first and second instance stages of the case with Company B.

    Beijing Rude Law firm appointed Ma Yingying lawyer, Feng Daqing intern lawyer to deal with the case.

    Ms. Ma received her master's degree in law from China University of Political Science and 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.

    Feng Daqing has passed the national unified legal professional qualification examination with high scores. He has solid legal professional knowledge and rich working experience, and is familiar with the writing of various documents and legal texts. Excellent presentation and communication skills; Excellent judgment and logical analysis ability; Integrity, law-abiding, adhere to the responsibility for customers, responsible for the law, and strive to provide customers with better service.

Process of handling a case

    In the arbitration stage, the lawyers of Rude Law firm made A detailed analysis of the case, and believed that Company B had failed to renew the labor contract with employees in time and illegally terminated the labor relationship, and A had the right to ask the company to pay the compensation for illegal termination and the difference of twice the wage without signing the labor contract. After the lawyers of Rude Law firm argued, The labor dispute Arbitration Committee supported A's lawsuit request and ruled that Company B should pay A compensation for illegal termination of the labor contract, twice the wage difference for not signing the labor contract and annual vacation pay, totaling more than 170,000 yuan.

    Company B refused to accept the arbitration award and filed A lawsuit in accordance with the law. With the efforts of the lawyers of Rude Law Firm, the court of first instance supported Company A's request for twice the wage difference and annual vacation pay for the non-signed labor contract, but the court of first instance held that the two parties had reached a consensus to terminate the labor relationship, and Company B should pay economic compensation for the termination of labor relationship to Company A.

    Company B still appealed against the judgment of the first instance, and the law firm appointed lawyer Ma Yingying and Feng Daqing internship law firm to deal with the case. After in-depth communication with A and active evidence collection, lawyer Ma Yingying and intern lawyer Feng Daqing actively responded, prepared solid evidence materials before the trial, and made full preparations for the second trial.

Outcome of case

    Lawyer Ma and intern lawyer Feng Daqing further clarified the legal relationship through detailed analysis of the facts of the case, and reached a conclusion by applying the law, forming a complete litigation framework. In the end, the third Intermediate People's Court of Beijing rejected the appeal and upheld the judgment of the first instance: Company B paid A more than 40,000 yuan in economic compensation for the termination of labor relations, more than 50,000 yuan in salary difference of twice the labor contract and more than 20,000 yuan in annual vacation pay, and rejected other claims of A. The lawyers of Rude Law firm used their professional ability to recover more than 110,000 yuan for A, effectively safeguarding A's legitimate rights and interests.

Lawyer's reminder

    The establishment or dissolution of the labor relationship between the employer and the worker shall act in strict accordance with relevant laws and regulations, sign the labor contract with the worker in time, and terminate the labor relationship through consultation with the worker. When workers are faced with difficult problems such as the employer's failure to renew the labor contract in time and unilateral illegal termination, they can consult a lawyer to defend their rights on behalf of the lawyer, and use the lawyer's professional knowledge to safeguard their practical interests.