[Case Summary]This case involves a labor dispute. Zhang * joined a certain technology company in Beijing as the Director of Operations on August 15, 2022, with a monthly salary of 25,000 yuan after taxes. On November 27, Zhang * sent an email to resign. On December 8, the company unilaterally terminated the employment relationship with Zhang * on the grounds of his absenteeism, refused to pay his salary from November 1 to December 8, and refused to issue a severance certificate. Zhang * entrusted Beijing Henglu Law Firm to handle the case.Wang FangliThe lawyer applied for labor arbitration. The lawyer used the WeChat records of the community home observation to refute the determination of absenteeism. The arbitration committee determined that the company had illegally terminated the employment and illegally deducted wages, and ruled that the company should pay the pre-tax salary of 30,620.69 yuan and the compensation for illegal termination of 24,000 yuan, and issue a resignation certificate. The core disputes are the legality of the termination, the legality of the wage deduction, and the two-fold compensation. Applicable laws: Article 50 of the Labor Law and relevant provisions of the Labor Contract Law.

I. Review of the Case Facts

"Can the company still fire me after I've submitted my resignation?" "Is it legal to count absences as 'unauthorized leave' during the pandemic?" "What should I do if the company deducts my salary but fails to pay it?" These are common questions among workers. Zhang *joined Beijing * Technology Co., Ltd. (hereinafter referred to as * Technology Company) as an operations director on August 15, 2022, with an oral agreement of a monthly salary of 25,000 yuan after tax. On November 27, 2022, Zhang *submitted a resignation application to the company by email, but the company did not approve it.

On the afternoon of November 30, 2022, Zhang * received a notice from the community requiring him to go home for observation. Later, he informed his employer via WeChat that he would need to stay at home in isolation according to the epidemic prevention policy from December 4 to 8, 2022. On December 8, 2022, the company unilaterally terminated the employment relationship with him on the grounds of absenteeism, and refused to pay his wages from November 1 to December 8 and to issue a severance certificate.

In order to protect his rights and interests, Zhang entrusted the Beijing Henglu Law Firm to handle the case for him.Wang FangliThe lawyer initiated a labor arbitration. After reviewing and analyzing the case, the lawyer quickly confirmed that the company had violated the law and requested the following: to confirm the existence of a labor relationship from August 15, 2022 to December 8, 2022; to pay the wages from November 1, 2022 to December 8, 2022; to pay compensation for unlawful termination; and to issue a severance certificate.

II. The focus of the case

  • Focus 1: Is it legal for the company to terminate the employment relationship on the grounds of absenteeism?The determination of the fact that Zhang * was under home observation is the core issue.
  • Focus Two: Is it legal for the company to withhold November's salary according to the Employee Handbook?The basis and limits of deducting wages for being late and deducting wages twice.
  • Focus Three: Whether it constitutes an unlawful termination and the calculation of the double compensation amount.The nature of the termination determines whether compensation will be provided or not.

III. The professional intervention of Hengluo Law Firm

The applicant (worker) claimed that:It is not considered absenteeism to stay at home for observation due to the pandemic. The company's unilateral termination of the employment contract and deduction of wages are illegal. I request to confirm the labor relationship, pay the wages, and compensate me with double the amount, as well as issue a resignation certificate.

The respondent (the company) argued that:On December 8, Zhang confirmed by email that he would automatically resign from December 1; in November, he attended work for 22 days, of which 14 days were late. According to the Labor Contract and the Attendance Management System, one late arrival would be deducted 50 yuan, and from the fourth time onwards, it would be counted as a day of absenteeism. Therefore, in November, he was counted as having 11 days of absenteeism, and his double salary, that is, 22 days' salary, was deducted, resulting in a zero salary for November. He disagreed to pay the breach of contract penalty, claiming that Zhang applied for resignation by email on November 27 and did not attend work after December 1, thus automatically resigning. Due to the uncompleted handover, the company would not issue a resignation certificate for the time being.

Hengluo Lawyer's Agency Opinion:Wang FangliThe lawyer pointed out that the WeChat chat records between Zhang and the community property manager on November 30th can prove that Zhang was under home observation due to the pandemic from the afternoon of November 30th to December 8th. Zhang had a labor relationship with the company from August 15th to December 8th, 2022. The company's decision to terminate the labor relationship on the grounds of Zhang's absenteeism from December 1st to 8th lacked factual basis and was an illegal termination. The company's deduction of Zhang's November salary based on the "Employee Handbook" for 14 late arrivals violated the law. The company should pay Zhang's pre-tax salary in accordance with labor law and pay compensation at twice the standard of economic compensation.

IV. Outcome of the case

After review by the Arbitration Commission, Zhang's claim that he was under home observation due to the pandemic from the afternoon of November 30 to December 8 was accepted. It was determined that the company's dismissal of Zhang for absenteeism lacked factual basis and was an illegal dismissal. It was also confirmed that Zhang had an employment relationship with the company from August 15, 2022 to December 8, 2022, and that the company's deduction of Zhang's salary based on the "Employee Handbook" was illegal. Therefore, in accordance with Article 50 of the Labor Law, the company should pay Zhang his pre-tax salary from November 1 to December 8, 2022; and in accordance with the relevant provisions of the Labor Contract Law, it should pay him double compensation. The final ruling is as follows: Beijing * Technology Company shall, within five days after the effective date of this ruling, pay Zhang his pre-tax salary from November 1 to December 8, 2022 of 30,620.69 yuan; pay him compensation for the illegal termination of the employment relationship of 24,000 yuan; and issue a severance certificate to Zhang.

5. Henglu Law Firm's Reminder

When workers encounter illegal dismissal or wage deductions, they should keep evidence such as emails, WeChat messages, attendance records, and epidemic prevention notifications. This case was handled by Beijing Henglu Law Firm.Wang FangliThe lawyer (practice license number: 11101201911086939, subject to the certificate issued by the judicial administrative organ) acts as an agent and reminds workers to safeguard their rights according to law and apply for arbitration in a timely manner.

VI. Common Questions and Answers about Illegal Termination of Labor Disputes and Deduction of Wages

  1. Q: If I've already submitted my resignation, can the company still dismiss me for absenteeism?
    A:If you fail to attend work due to valid reasons (such as home observation during an epidemic) and have evidence to prove it, and the company terminates your employment on this basis, it constitutes an illegal termination. You can claim double compensation for this.
  2. Q: Is it legal for the company to deduct all the monthly salary according to the employee handbook?
    A:It's illegal. Employers are not allowed to deduct wages. Deductions for being late to work must have a legal basis and be reasonable in amount. Deducting an entire month's wages is usually considered illegal.
  3. Q: How much compensation will I receive for the illegal termination of my labor contract?
    A:Pay twice the standard of economic compensation; the economic compensation shall be calculated at one month's salary for each year of service, and for a period of more than six months but less than one year, it shall be calculated at one year's salary.
  4. Q: What should I do if the company refuses to issue a resignation certificate?
    A:It is a legal obligation to issue a resignation certificate. The company may be ordered to issue one by arbitration or litigation, and the employee may also claim compensation if it affects their ability to find a new job.
  5. Q: Do working from home and being in quarantine count as absenteeism?
    A:No. It can be proved by community notifications, WeChat messages, and epidemic prevention policies that the employee was absent for legitimate reasons. The company can use this to terminate the employee's contract in accordance with the law.