Case Introduction

Applicant A joined Company B on March 27, 2023 as a JAVA developer and programmer. Both parties signed a fixed-term labor contract, which will terminate on March 26, 2026. On February 26, 2026, Company B unilaterally notified Company A that the labor contract would not be renewed after its expiration.

A has not taken annual leave since January 1, 2026. Therefore, Party A applies for arbitration to the Labor Dispute Arbitration Commission of Daxing District, Beijing, requesting Party B to pay economic compensation of 45000 yuan for terminating the labor contract, pay annual leave wages for the period from January 1, 2026 to March 26, 2026, and issue a certificate of resignation.

 Lawyer intervention

Lawyer Sun Aolin, graduated from Three Gorges University. In terms of professional fields, Lawyer Sun Aolin is skilled in resolving labor disputes, contract disputes, civil and commercial arbitration or litigation, and has strong control and handling abilities for various civil disputes, economic litigation and related legal matters.

Lawyer Sun Aolin serves as a long-term legal advisor for multiple enterprises in Beijing, covering traditional manufacturing, trading, labor-intensive, and various service-oriented industries. Always adhere to honesty, responsibility, and excellence in work, committed to providing excellent legal services to every party through professional legal knowledge.

 Case handling process

A claims a monthly salary of 15000 yuan and provides evidence such as historical details from Industrial and Commercial Bank of China and WeChat chat records to prove that Company B paid a portion of the salary through a third-party account. Company B denies the correlation between third-party payment and salary, and claims a monthly salary of 6500 yuan. Lawyer Sun Aolin pointed out during the cross examination that the identity of the company's human resources supervisor has been recognized, and the notice posted in the enterprise WeChat group (for which the company pays social security) indirectly confirms the fact of third-party payment, successfully convincing the arbitration tribunal to accept key evidence.

Company B claims to have arranged annual leave through email, and if Company A does not apply, it will be deemed as giving up. Lawyer Sun Aolin cited Article 5 of the "Regulations on Paid Annual Leave for Employees" and emphasized that the company should "coordinate arrangements" rather than transferring the application obligation to employees. The email reply from Party A has clearly rejected the illegal clause. The arbitral tribunal adopts the lawyer's viewpoint and finds that the company email does not constitute a valid arrangement.

Lawyer Sun Aolin effectively refuted the respondent's claims and fought for a favorable ruling for the applicant through precise legal argumentation and evidence organization.

 Case outcome

After trial, the arbitral tribunal ruled in favor of Party A's main request:

1. Company B shall pay economic compensation of 44285.19 yuan for terminating the labor contract;

2. Company B shall pay 1357.40 yuan in annual leave salary for the period from January 1, 2026 to March 26, 2026;

3. Company B issues a certificate of termination of labor relationship to Lin Weisheng;

4. Reject other arbitration requests of Party A.

After the delivery of the ruling, if both parties fail to file a lawsuit within the statutory deadline, the ruling has become effective.

 Lawyer's reminder

This case highlights common issues in labor disputes, and lawyers from RuDe Law Firm remind us based on their case experience:

1. Compliance of salary payment: There is a risk that third-party payment of wages by enterprises may be deemed as evading responsibility, and employees should retain a complete chain of evidence.

2. Obligation to arrange annual leave: Employers must actively "coordinate and arrange" annual leave, and unilaterally requiring employees to apply for or set "automatic waiver" clauses is illegal.

3. Economic compensation calculation: When the labor contract terminates, the economic compensation base is the average salary of the 12 months before resignation, including the salary paid by third parties.

4. Issuance of Resignation Certificate: After the termination of the employment relationship, the employer has no right to refuse to issue the resignation certificate on the grounds of non handover.

It is recommended that enterprises and workers standardize their employment management, seek professional lawyer assistance in a timely manner in case of disputes, and safeguard their legitimate rights and interests.