The case of labor and economic disputes between the applicant Wang and the respondent Shenzhen clothing *** was filed in the Labor Arbitration Commission of Futian District, Shenzhen in October.
In this case, the respondent, a clothing company in Shenzhen, entrusted lawyer Zeng Xiaoli of Guangdong Hequan Law Firm to defend in court on disputes such as labor economic compensation.
Through her professional legal knowledge and conscientious work attitude, Ms. Zeng Xiaoli successfully protects the legitimate rights and interests of her clients.
Case Illustration
In this case, the parties have entered into an employment contract with a term from June 17, 2023 to June 16, 2026, stipulating that the probationary period is from June 17, 2023 to December 16, 2023, and the monthly salary standard is 6,500 yuanLast working day and termination of employment contract: July 6, 2023.
After investigation, the respondent to:"The materials and information provided to the company during the probationary period are inconsistent with the facts, are concealed, and do not meet the conditions for employment during the probationary period".Termination of the employment contract on the grounds.
The Respondent claimed that the Respondent Wang's reasons for terminating the labor contract were not established, and that the Respondent did not hold a graduation certificate because he failed to do so, but there was no situation of providing false materials or concealing it to the Respondent, and the Respondent knew that the Applicant could not provide a graduation certificate and could only provide a certificate of completion, and the Applicant had orally explained the situation during the interview, so the Respondent's termination of the labor contract was illegalCompensation for illegal termination of the labor contract shall be paid.
Applicant's Appeal
1. Payment by the respondentThe compensation for illegal termination of the labor contract is 6,500 yuan
2. The respondent paysLawyer's fee is 5000 yuan;
3. The respondent to the applicantIssuance of a certificate of resignation.
The court held that
The Respondent talked to the Applicant about "providing a graduation certificate" before and after the Applicant's employment, i.e.The applicant is obliged to provide the respondent with a graduation certificate;
The nature of the completion certificate is different from the graduation certificate, and the applicant confirmed in the trial that he did not hold a graduation certificate as of the date of the trial, and the applicant did not submit evidence to prove that he had achieved itDuring the probationary assessment period, the respondent is not required to provide the graduation certificate, and the respondent shall bear the legal consequences of failing to provide evidence;
During the probationary period, the applicant is unable to provide the respondent with a graduation certificate, and the respondent proposes to terminate the labor contract on the grounds of "not meeting the employment conditions during the probationary period" agreed by both partiesThere is no need to pay compensation to the claimant for illegal termination of the labor contract, and the claimant's arbitration claim lacks factual basis.
Request for attorney's fee: The applicant submits the "Entrustment Contract and Attorney's Fee Invoice" to the Commission to prove that he has paid the attorney's fee of 5,000 yuan.
According to the provisions of Article 58 of the Regulations on the Promotion of Harmonious Labor Relations in the Shenzhen Special Economic Zone and the applicant's winning rate, the lawyer's fee paid by the applicant may be borne by the employer, which shall be calculated by the CommissionThe respondent shall pay the applicant's lawyer** fee of 2,500 yuan, calculated as: 5,000 2 requests 1 request.
Verdict Results
1. The respondent Shenzhen clothing *** issued a certificate of termination of labor contract to the applicant Wang;
2. The respondent Shenzhen clothing *** paid the applicant Wang's lawyer** a fee of RMB 2,500;
3. The other arbitration claims of the claimant Wang are rejected.
Excerpt from the verdict
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