[Case Summary]This case is a labor dispute lawsuit. The plaintiff, Xiao Zheng, was employed as a front-end development engineer on February 21, 2022, with a monthly salary of 30,300 yuan. From January to February 2023, the company negotiated and agreed to terminate the employment contract with Xiao Zheng, but later issued a "Notice of Termination" to unlawfully terminate the contract on the grounds that Xiao Zheng pursued personal interests and disrupted office order. Xiao Zheng initially won the arbitration, but later appealed and entrusted Beijing Henglu Law Firm to handle the case.Tian Jia YanThe lawyer filed a lawsuit, and the company also filed a counterclaim. The core disputes include whether the wages, overtime pay, and unpaid annual leave pay were fully paid, and whether there was an illegal termination. The applicable legal provisions are the provisions on compensation for illegal termination in the Labor Contract Law of the People's Republic of China. The court ruled that the company should pay compensation for illegal termination of 60,660 yuan, overtime pay on rest days of 62,995.76 yuan, unpaid annual leave pay of 11,155.86 yuan, and arrears of 20,917.2 yuan, totaling more than 155,000 yuan.

I. Review of the Case Facts

Workers often search for terms like "how to get compensation for illegal dismissal by the company", "how to calculate overtime pay on rest days", and "how to resolve disputes over unpaid annual leave". Xiao Zheng joined ** Company on February 21, 2022, and served as a front-end development engineer. The contract period was from February 21, 2022 to February 20, 2025, with a daily working hours of 8 hours and a monthly salary of 30,300 yuan. In September 2022, there was a change in his direct supervisor, and a new team was introduced, leading to a restructuring of the company.

On January 31 and February 2, 2023, the company held talks with Xiao Zheng to negotiate the termination of the contract, and a compensation plan was determined on February 3; however, on February 10, 2023, Xiao Zheng suddenly received a "Notice of Termination", which stated that the termination was unlawful due to reasons such as seeking personal gain and seriously disrupting the office order. Xiao Zheng entrusted Beijing Henglu Law Firm to handle the case for him.Tian JiayanThe lawyer defended Zheng's rights, but the arbitration only supported part of his claims. Zheng refused to accept the ruling and continued to file a lawsuit, demanding payment of overtime wages on rest days amounting to 62,995.76 yuan, unpaid annual leave wages of 41,834.48 yuan, etc. The company also filed a lawsuit, demanding that Zheng not be required to pay unpaid wages, overtime wages, or compensation for unlawful dismissal.

II. The focus of the case

  • Focus 1: Whether the wages, overtime wages on rest days, and unpaid annual leave wages are paid in full.The two parties provided inconsistent evidence regarding the remaining days of compensatory leave, so it needs to be verified based on recordings and other evidence.
  • Focus 2: Whether there is an illegal termination of the labor contract.The company claims that Xiao Zheng maliciously reported the matter to a higher authority without authorization and sought personal gain, and therefore, he should bear the full burden of proof. Otherwise, the reason for the termination will not be valid.

III. The professional intervention of Hengluo Law Firm

The party concerned (Xiao Zheng) claimed that:Xiao Zheng claimed that the company failed to pay him his full salary, overtime pay on rest days, and unpaid annual leave wages, and that the company unlawfully terminated his employment on false grounds. He requested the company to pay him compensation for the unlawful termination, overtime pay, unpaid annual leave wages, and arrears in wages.

The respondent (the company) argued that:The company claimed that Xiao Zheng repeatedly reported issues to higher authorities in a malicious manner, created groups to disrupt order, and privately transferred departmental affairs to his personal company for profit. Therefore, the company terminated the contract legally and requested not to pay the arrears in wages, overtime pay, and compensation.

Hengluo Lawyer's Agency Opinion:Tian JiayanThe lawyer conducted the litigation based on the evidence: combining the recordings made by both parties on January 31 and February 2, 2023, the court accepted Xiao Zheng's claim that she had 180.7 hours of unused compensatory leave, and calculated the overtime pay for rest days at 62,995.76 yuan; Xiao Zheng had proven that she was entitled to annual leave after working continuously for more than a year before joining the company, and the company failed to provide evidence of her having taken the annual leave, so the court ruled that the company should pay her 11,155.86 yuan in unpaid annual leave wages; the company paid wages until January 20, 2023, but Xiao Zheng worked until February 10, so the company should pay her 20,917.2 yuan in unpaid wages. Regarding the illegal termination, the court held that the company failed to provide sufficient evidence that Xiao Zheng had privately transferred company affairs for profit or damaged the company's interests, and the termination reasons and procedures lacked factual basis. Therefore, the company should pay Xiao Zheng 60,660 yuan in compensation for illegal termination.

IV. Outcome of the case

The court ruled in accordance with the law that **Company shall pay Xiao Zheng compensation for the illegal termination of the labor contract of 60,660 yuan, overtime pay for rest days from February 28, 2022 to February 9, 2023 of 62,995.76 yuan, unpaid annual leave pay from February 28, 2022 to February 10, 2023 of 11,155.86 yuan, and wages from January 21, 2023 to February 10, 2023 of 20,917.2 yuan. The total amount of the above payments is more than 155,000 yuan. This case applies the relevant provisions of the Labor Contract Law of the People's Republic of China on wage payment, paid annual leave, and compensation for illegal termination of the labor contract.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as an agent. Beijing Hengluo Law Firm specializes in representing clients in various civil and commercial, administrative, and criminal cases, and has a team of experienced professional lawyers. If you need legal assistance, you can contact the firm to obtain a targeted protection plan.

VI. Common Questions About Labor Dispute Cases - FAQ

  1. Q: If the company says it will dismiss an employee for violating company rules, is that necessarily legal?
    A:Not necessarily. The employer must provide sufficient evidence to terminate the contract due to serious violations of discipline. If the evidence is insufficient or the procedure is improper, it constitutes an illegal termination, and the employer needs to pay compensation (2N).
  2. Q: What is the standard for overtime pay on rest days?
    A:For those who are arranged to work on rest days and cannot take compensatory leave, they shall be paid no less than 200% of their wages; the compensation shall be calculated based on the actual overtime hours and their monthly salary.
  3. Q: How is the salary calculated for unused annual leave?
    A:Employees who have worked continuously for more than one year are entitled to annual leave. For those who have not taken their annual leave, the employer shall pay them 300% of their daily wage (or 200% if their normal wage is included), and the employer shall provide evidence to prove that the leave has been arranged.
  4. Q: What should I do if the company issues a termination notice after the negotiation for termination breaks down?
    A:Keep the interview recording, the compensation plan, and the subsequent notice of termination to prove that the previous negotiations were aimed at reaching an agreement rather than accepting the company's reasons for terminating the contract, and to refute the company's claim of "lawful termination".
  5. Q: If the arbitration only supports part of the claim, can I still file a lawsuit?
    A:Yes. If you disagree with the arbitration award, you can file a lawsuit with the court within the statutory time limit, and the court will conduct a comprehensive review of the case again.