In the field of protection of workers' rights and interests, Beijing King&Capital Law Firm represented a complex labor dispute case, through labor arbitration, the first trial and the second trial procedures, and finally, through accurate legal argumentation and solid evidence combing, successfully fought for the workers' clients for the illegal termination of the labor contract compensation, the difference in wages for the annual leave, etc., a total of 563,000 yuan, which fully demonstrated the professional ability and responsibility of the lawyers' team in the labor dispute case. The team's professional ability and responsibility in labor dispute cases.

I. Background and focus of the case

The worker joined a group in 2013, and has been engaged in brand management in a group and its affiliates (including the employer) for a long time, with no substantial change in the work content, location and remuneration system. 2024, the employer unilaterally terminated the employment contract without consensus with the worker, citing “organizational restructuring”. In 2024, the employer unilaterally terminated the labor contract on the grounds of “organizational restructuring” without consensus with the worker and refused to pay the full amount of economic compensation and year-end bonus. The worker then filed a labor arbitration case, claiming for confirmation of the illegal termination of the employment contract, consolidation of years of service, and payment of compensation. Although the request was partially supported at the arbitration stage, there was a dispute over the basis for calculating the compensation, and both the laborer and the employer disagreed with the decision, and the case proceeded to litigation. The disputes in this case included: whether the years of the labor relationship were combined and calculated, the determination of the basis of compensation for unlawful termination of employment, and the payment of year-end bonus and wage difference.

Strategies and core breakthroughs

Locking the fact of unlawful termination: In response to the employer's claim of “negotiated termination”, the lawyer submitted WeChat chat records, termination notice and other evidence to prove that the employer did not provide a legal basis for termination and the workers clearly expressed their objections, and the Arbitration Commission found that the termination was unlawful and ruled that more than 420,000 yuan of compensation should be paid, which laid a key foundation for the subsequent litigation. Factual basis for subsequent litigation.

Recognition of mixed employment: The Arbitration Award Committee recognized that the seven employment contracts signed by the workers with a group and its affiliates, the payroll records, social security payment records, and the internal management system proved that the workers, although formally contracted with different entities, were in fact under unified management, and their work contents were highly related, which was in line with Article 46 of the Interpretation of the Supreme People's Court on the Issues of the Application of Law to the Trial of Labor Dispute Cases (I). Article 46 of the Interpretation of the Supreme People's Court on Issues of Application of Law in Hearing Labor Dispute Cases (I) was met, and the Arbitration Council finally adopted the claim of “11 consecutive years of work since 2013”.

Precise claim on the base amount of compensation: In response to the employer's defense that “the monthly salary of the worker exceeds three times the average monthly salary of the employees in the region”, the lawyer claimed that the base amount of compensation should include all monetary incomes such as bonuses and vehicle subsidies based on Article 27 of the Regulations for the Implementation of the Labor Contract Law, and increased the average monthly salary from 19,382 RMB to 25,550 RMB at the stage of the second trial. 19,382 yuan to 25,598 yuan, and the compensation increased from 426,000 yuan to 563,000 yuan.

Typical significance

This case is a model of labor rights protection under the background of mixed employment of affiliated enterprises. Through the construction of evidence chain, precise application of legal provisions and trial defense, the lawyers broke through the usual operation of enterprises using related subjects to divide the length of service and depress the compensation, and the final judgment has an important reference value for similar cases, which highlights the professional value of lawyers in complex labor disputes.

Guanzhu Zhuo Ma, Duan Zeyu lawyers with solid legal skills and meticulous pre-trial preparation, maximize the protection of the rights and interests of the parties, showing the high standard of labor law field of representation.