case introduction
Ms. A joined Company B on August 24, 2020 and was engaged in color ultrasound operation. Both parties signed an employment contract, but Company B did not hand over the written contract to Ms. A, but took the contract away and kept it. Ms. A worked in Company B until October 14, 2023. Ms. A did not take a vacation during the National Day, and could make up for the National Day holiday according to regulations. Therefore, from October 15 to October 21, 2023, Ms. A did not go to work. When the supplementary vacation was about to expire on October 21, 2023, Ms. A considered holding a wedding on November 4, 2023, so she negotiated with the personnel supervisor and asked for leave. After the wedding, the supervisor immediately agreed. After Ms. A's vacation, report to the personnel supervisor about going to work. At this point, Company B informed Ms. A that she did not need to go back to work. Ms. A believed that Company B's behavior was unwarranted dismissal and violated her legitimate rights and interests, so she initiated arbitration.
Lawyer intervention
Ms. A believes that Company B's behavior is an illegal termination of labor relations, which seriously damages its legitimate rights and interests. A girl came to Beijing Rude Law Firm for help.
Beijing Rude Law Firm assigned lawyer Liu Qiang and trainee lawyer Han Yi to handle the case.
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.
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.
Han Yi, a trainee lawyer graduated from the Law School of Dalian University, has solid legal expertise and rich work experience. He is familiar with the writing of various official documents and legal texts; has excellent expression and communication skills; has excellent judgment and logical analysis skills; is upright and law-abiding; has a wide range of hobbies, enjoys interacting with people, and does his best to provide clients with better legal services.
Case result
After lawyer Liu Qiang and trainee lawyer Han Yi received the case, they made a comprehensive and detailed analysis of the case between Ms. A and Company B, and believed that Ms. A had the right to ask Company B for compensation for illegal termination of the employment contract. After actively collecting evidence, the two lawyers were fully prepared for the trial. With the efforts of lawyer Liu Qiang and trainee lawyer Han Yi, the labor and personnel dispute arbitration committee of Fengtai District, Beijing finally ruled that Company B paid Ms. A 40,000 yuan in compensation for illegal termination of the employment contract.