Introduction of the Case

    Ms. Z joined the Company A Division in February 2009 as a marketing specialist position. on 1 April 2017, Ms. Z signed an open-ended employment contract at the request of Company A with its branch B as an assistant headmaster position.

    Since joining Company A's Branch, Ms Z has been conscientious, diligent and conscientious in performing her duties. However, in March 2024, Company A suddenly served Ms. Z with a Notice of Termination of Employment Contract, terminating the employment relationship with Ms. Z in March 2024 on the grounds that there had been a significant change in the objective circumstances under which the employment contract had been concluded, rendering it impossible to perform the contract, and Ms. Z argued that Company A's action was an unlawful termination of her employment and that she was liable to pay compensation for the unlawful termination of her employment contract.

Intervention of Lawyers

    Ms Z came to Beijing Ru de Law Firm to seek help after repeated unsuccessful communications with Company A. The case was assigned to Zhou Dongxue and Zhang Yuling by Beijing Ru de Law Firm.

    Beijing Ru de Law Firm designated Zhou Dongxue and Zhang Yuling to handle the case.

    Zhou Dongxue is a lawyer with profound legal theory 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 a number of companies as a legal adviser, in the field has accumulated a wealth of experience in legal services, but also for the customer to provide a full range of high-quality legal services.

    She has hosted many difficult and complex corporate, contract, matrimonial and family and labour dispute cases, and has safeguarded the legitimate rights and interests of clients.

    Zhang Yuling lawyer, through the national unified legal professional qualification examination, solid legal background, familiar with the case process. Passionate about the lawyer industry, do things seriously and carefully, down-to-earth and willing to work, strong sense of responsibility, teamwork spirit, have a good sense of service. Follow the lawyer to learn the process has accumulated a wealth of experience in handling cases, in each case do our best to protect the legitimate rights and interests of the parties.

Case History

     After receiving the case, Zhou Dongxue and Zhang Yuling made a comprehensive and detailed analysis of the case between Ms. Z and Company A, and concluded that there was no material change in the objective circumstances of Company A. Therefore, the termination of Ms. Z's labour contract by Company A was unlawful and Ms. Z should be paid compensation for the unlawful termination of the contract. At the same time, Ms. Z had 10 days of annual leave during her employment, and Company A should pay Ms. Z's wages for her unused annual leave. In addition, Company A arranged for Ms Z to work overtime and did not arrange for a transfer, so it should pay Ms Z the corresponding overtime pay. Zhou Dongxue and Zhang Yuling actively obtained evidence, and then filed an arbitration application with the Haidian District Labour and Personnel Dispute Arbitration Commission, and at the same time, in order to prevent Company A from transferring its property, Company A's property was preserved in advance. During the hearing, Zhou Dongxue and Zhang Yuling argued with each other, and finally the Arbitration Commission concluded that Company A had illegally terminated the labour relationship with Ms. Z. Company A was required to pay Ms. Z a total of more than 800,000 RMB in compensation for illegal termination of employment, overtime pay, and salary for untaken annual leave, and Ruud Law Firm successfully defended the lawful rights and interests of the parties concerned!

Lawyers' Reminder

    The unlawful termination of labour contracts is a common and important issue in labour relations. According to the relevant provisions of the Labour Law, an employer must comply with the legal circumstances and procedures for terminating an employment contract. For example, employees cannot be dismissed arbitrarily on the basis of unreasonable grounds such as gender, race, religious beliefs, etc. Even in the case of economic layoffs, strict legal procedures must be followed.

    If an employer terminates an employment contract in violation of the law, and the worker requests to continue to perform the employment contract, the employer shall continue to perform the contract; if the worker does not request to continue to perform the contract or if the contract can no longer be performed, the employer shall pay compensation to the worker in accordance with two times the standard economic compensation.

    When workers encounter illegal termination of the labour contract, often in a vulnerable position, easy to know what to do. At this point, it is crucial to seek the help of a professional lawyer in a timely manner. With their professional knowledge and experience, lawyers can accurately analyse the case, determine whether the employer has terminated the employment contract in violation of the law, help the worker to collect strong evidence, and formulate a reasonable strategy to protect their rights. Whether it is negotiation and mediation with the employer, or resolving the dispute through arbitration or litigation, lawyers are able to provide all-round support and protection for workers, and safeguard their legitimate rights and interests to the greatest extent possible.