Case Description.

   Xiao Zhang joined Company A in November 2016 as an architectural designer. Later, under the arrangement of Company A, Company B and Company C successively paid social security for Xiao Zhang. in September 2021, under the arrangement of Company A, Company D signed a fixed-term labour contract with Xiao Zhang, and paid social security and wages for Xiao Zhang. Xiao Zhang had been diligent and dedicated to his work since joining Company A, and conscientiously completed his own work without complaint even when he worked overtime.From 8 September 2020 to 4 October 2020, Xiao Zhang was hospitalised due to illness, and Company B did not pay Xiao Zhang's wages during the hospitalisation period. In addition, since June 2023, Company D delayed and defaulted on payment of Xiao Zhang's wages for no reason, and Xiao Zhang repeatedly claimed for them to no avail. As the company failed to pay wages in full and on time, Xiao Zhang sent him a Notice of Termination of Employment Contract on 25 August 2023, claiming that the company had violated the law.

    It was found that companies A, B and D were related to each other, that Xiao Zhang's work content and workplace had not changed, and that the shareholders and legal representatives of the three companies were related. Xiao Zhang considered that the behaviour of the three companies had seriously damaged his vital interests, and for this reason, he initiated an arbitration award. Subsequently, due to the fact that the arbitral award contained unclear findings of fact, Xiao Zhang filed a lawsuit to safeguard his legitimate rights and interests.

Lawyer Intervention

   Xiao Zhang believes that the three companies take turns to conclude the labour contract is mixed employment, and its long-term arrears of wages, a serious violation of national laws and regulations, damage to the legitimate rights and interests of workers, so Xiao Zhang to Beijing Ruide Law Firm to seek help.

   Beijing Ru de Law Firm assigned Sun Aolin and Fu Duoduo to handle the case.

   Sun Aolin, graduated from Sanxia University, is now the director of Civil and Commercial Department of Beijing Ru de Law Firm. 

  In the professional field, Sun Aolin is good at labour disputes, contract disputes, civil and commercial arbitration or litigation and other dispute resolution, with civil disputes, all kinds of litigation in the economic field and related legal matters have a strong control and handling ability.

  Mr. Sun serves as a permanent legal advisor for a number of enterprises in Beijing, covering traditional manufacturing, trading enterprises, labour-intensive enterprises, and various types of service-oriented enterprises. Always adhere to the work in good faith, conscientious and responsible, keep improving, is committed to professional legal knowledge for each party to provide good legal services.

   FuDuo intern lawyer graduated from Heilongjiang University Law School, high score through the national unified qualification examination for legal profession, has a solid theoretical foundation in law, able to skillfully use the legal language for writing and modification of documents. During the internship period to assist the practice of lawyers and parties to communicate, case sorting, court proceedings and other business, to assist the practice of lawyers for legal adviser unit contract modification and legal issues of consulting. Serious and careful person, pay attention to details, good at communication and exchange, try our best to do a good job for the parties to the legal protection, to provide better quality legal services.

Case History

   At the arbitration stage, Lawyer Sun Aolin and Intern Lawyer Fu Duo made a detailed analysis of the case, and argued that Company B had defaulted on wages, failed to pay annual leave wages, and mixed employment, and that Xiao Zhang had the right to demand the company to pay the difference in wages and economic compensation for termination of the labour contract. The Labour and Personnel Dispute Arbitration Committee supported part of A's claim and ruled that Company D should only pay the wage difference to A.

   Xiao Zhang filed a lawsuit against the arbitration award according to law. In the first trial stage, Sun and FuDuo intern lawyers further clarified the facts, organised additional evidence, clarified the legal relationship, and applied the law to reach a conclusion, forming a complete litigation structure. Under the reasoning of Ru de lawyers, the court of first instance supported the request of company A on the economic compensation for termination of labour contract and the salary for unused annual leave, and ruled that company D should pay the difference of Xiao Zhang's salary of more than 130,000 yuan, and company A and B should bear joint and several liability. Ru de Law Firm successfully defended the legal rights and interests of the parties!

Lawyer's Reminder

   According to the law, in the case of mixed employment, if the respective responsibilities of multiple employers are not clearly defined, in the event of labour disputes or damages, each employer may be jointly and severally liable for compensation. In addition, employers should pay full remuneration to workers who have fulfilled their obligations and responsibilities under the labour contract, and wages should not be arbitrarily owed or deducted. Failure to pay, or failure to pay, labour remuneration in full shall be punishable in accordance with the relevant laws and regulations. Therefore, it is recommended that employers clearly define the use of labour among themselves, avoiding the cross-rotation of workers, and that the majority of workers seek the professional assistance of a lawyer when faced with unlawful acts such as these that undermine their lawful rights and interests