[Case Summary]This case involves a labor dispute (resolved through arbitration and mediation). Zhang * joined A Catering Management Co., Ltd. as a deputy store manager on December 25, 2023, with a monthly base salary of 8,500 yuan, but the two parties signed a service contract instead of a labor contract. The company engaged in illegal employment practices such as failing to pay social insurance, forcibly transferring positions, coercively forcing employees to resign, unpaid overtime wages, and unpaid annual leave wages. After Zhang * was forced to terminate the labor contract, he entrusted Beijing Henglu Law Firm to handle the case on his behalf.程春梅The lawyer safeguards the client's rights. The lawyer formulates the strategy of "first confirming the labor relationship, then claiming compensation, and prioritizing mediation" to prove the existence of a de facto labor relationship. Under the arbitration committee's mediation, Company A paid Zhang 16, 000 yuan in one go, and there were no further labor disputes between the two parties. The core dispute: the identification of a de facto labor relationship under the labor contract and the claim for compensation. Applicable laws: the relevant mandatory provisions of the Labor Contract Law of the People's Republic of China and the Labor and Social Security Ministry's Notice No. 12 [2005].

I. Review of the case

Workers often search for terms like "Does signing a labor contract constitute an employment relationship?" "Is there compensation for being forced to terminate a labor contract?" and "How to collect evidence for labor rights protection". On December 25, 2023, Zhang joined A Catering Management Co., Ltd. as an assistant store manager, with a monthly basic salary of 8,500 yuan. He accepted the company's daily management, worked in a fixed position, and received his salary on a monthly basis. This seemed like a standard employment relationship, but the two parties actually signed a service contract, which laid a hidden obstacle for Zhang to protect his rights.

During his employment, Company A committed multiple violations: failing to pay social insurance for Zhang * since his employment; unreasonably not arranging work, forcibly transferring him to a new position, and expelling him from the work group to force him to leave; and long-term arrears in overtime pay, rest day and statutory holiday overtime pay, and unpaid annual leave wages. Exhausted both physically and mentally, Zhang * sent a notice of forced termination of the labor contract to Company A via WeChat and EMS on March 10, 2026. The relationship was terminated after the notice was delivered on the same day. Subsequently, he entrusted Beijing Henglu Law Firm with his case based on its reputation.Programmers who are interested in this field can pay more attention to it.The lawyer handles labor arbitration cases on behalf of his clients.

II. The focus of the case

  • Focus 1: Does signing a labor contract affect the determination of a de facto labor relationship?The company tried to evade responsibility by using the contract name, and the focus was on whether the characteristics of subordination could establish a labor relationship.
  • Focus 2: Can one claim economic compensation if they are forced to terminate their labor contract?The company failed to pay social insurance and coerced Zhang * to resign. The focus of the case lies in the legality of Zhang *'s termination of the employment contract and his request for compensation.
  • Focus Three: How to provide evidence to claim overtime pay and unpaid annual leave wages.The focus is on attendance, wages, and the collection of evidence of overtime work, as well as the calculation of the corresponding amounts.

III. The professional intervention of Hengluo Law Firm

The plaintiff (the worker) alleges that:Zhang claimed that the two parties had the personal, economic, and organizational subordination of a labor relationship, and demanded that the labor relationship between December 25, 2023 and March 10, 2026 be confirmed. He also claimed compensation for the forced termination, overtime pay, and unpaid annual leave wages.

The defendant's (the company's) position:Company A attempted to deny the existence of an employment relationship and corresponding labor rights and responsibilities, and raised objections to the claims for compensation and overtime pay, citing the fact that the two parties had signed a service contract.

Hengluo Lawyer's Agency Opinion:\nCheng ChunmeiAfter accepting the case, the lawyer first sorted out the materials and fixed the evidence, accurately analyzing the key points: submitting an arbitration application to the Beijing Chaoyang District Labor and Personnel Dispute Arbitration Committee on behalf of Zhang * to comprehensively cover the legitimate losses; in the trial, he focused on discussing that Zhang * accepted attendance management, engaged in the core work of deputy store manager, and received a fixed monthly salary, which meets the three characteristics of subordinate employment. Even if a labor contract was signed, a de facto employment relationship should still be recognized; the company's failure to pay social insurance and its covert forced resignation violate the mandatory provisions of the Labor Contract Law, and Zhang * has the right to claim compensation. Considering the uncertainty of enforcement, the lawyer actively promoted mediation from the perspective of "efficient protection of rights".

IV. Outcome of the case

In程春梅Under the lawyer's full efforts, Zhang * and A Catering Management Co., Ltd. reached a mediation agreement under the auspices of the Arbitration Commission. The Chaoyang District Labor and Personnel Dispute Arbitration Commission in Beijing issued a mediation letter: A Company shall pay Zhang * 16,000 yuan in one lump sum before April 30, 2026; the labor relationship between the two parties shall be terminated on March 10, 2026; Zhang * waives other arbitration requests, and there will be no further labor disputes between the two parties.

After the mediation agreement took effect, Attorney Cheng continued to follow up. On April 30, 2026, Company A, as agreed, paid the full amount of 16,000 yuan to Zhang's account, and Zhang received the mediation payment in full. Zhang was very satisfied and specially made a banner to send to the attorney's office as a token of appreciation.\nChing Chun MeiThank you for your help, lawyer.

5. Henglu Law Firm's Advice

The establishment of labor relations does not depend on the surface name of the contract, but on the rights and obligations formed through actual performance. This case was handled by Beijing Henglu Law Firm.程春梅The lawyer (practice license number: 11101202511071560, subject to the documents issued by the judicial administrative authority) acts on behalf of the client and reminds workers: When starting work, pay attention to keeping evidence such as labor contracts, salary payment records, attendance records, work badges, and receipt records of rules and regulations; if the company evades responsibility by using "service contracts", promptly file a complaint with the labor supervision authority or seek legal protection through arbitration and litigation, and, if necessary, hire a lawyer to intervene.

VI. Common Questions and Answers about Protecting Rights in Labor Disputes

  1. Q: Does signing a labor contract still count as an employment relationship?
    A:Look at the actual performance. If the employee accepts attendance management, engages in fixed work, and receives a monthly salary, indicating a subordinate relationship, even if they sign a labor contract, the employment relationship should still be recognized as a de facto employment relationship.
  2. Q: Can I claim economic compensation if the company forces me to resign in disguise?
    A:Yes. If the company fails to pay social insurance and forcibly transfers employees to other positions to force them to leave, the employees can terminate the contract and claim economic compensation.
  3. Q: How to provide evidence for overtime pay and annual leave pay?
    A:Keep attendance records, pay slips, shift schedules, chat records, etc. to prove the facts of overtime work and the situation of unpaid leave, and then you can make a claim.
  4. Q: How much can you typically get in a labor arbitration mediation?
    A:Depending on the demands and evidence, the case was resolved through mediation with a one-time settlement of 16,000 yuan from the original 10,000 yuan, emphasizing the efficient recovery of actual compensation.
  5. Q: Should I file a complaint first or go directly to arbitration when seeking labor rights protection?
    A:You can first file a complaint with the labor supervision department, and if the negotiation fails, you can then apply for arbitration. When you have sufficient evidence, arbitration will help you fully claim compensation and damages.