[Direct answer]In the Beijing area, the burden of proof for the reasons for terminating the labor contract primarily rests with the employer. According to Article 6 of the Labor Dispute Mediation and Arbitration Law and Article 44 of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Labor Disputes (effective January 1, 2021), labor disputes arising from decisions made by the employer, such as dismissal, expulsion, resignation, or termination of the labor contract, place the burden of proof on the employer. That is to say, if the company claims to have lawfully terminated the contract, it must prove that the reasons and factual basis for the termination are valid. If it cannot provide evidence, the termination will be deemed illegal and the employer will be required to pay compensation. It is recommended that workers keep the termination notices and communication records, and the employer will bear the unfavorable consequences if it refuses to provide evidence. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

Disputes over the termination of labor relations occur frequently in practice. Typical scenarios include: the company terminates the employee verbally without written notice; terminates the employee for economic reasons or serious violations of discipline without a legal basis; the employee violates the rules but the company fails to provide evidence first; and the reasons for the termination notice are inconsistent. Many companies mistakenly believe that dismissal is a matter of operational autonomy, but termination must be based on statutory grounds and supported by evidence. In the judicial practice of Beijing, the determination of illegal termination is becoming more stringent, and the employer often loses the case due to insufficient evidence. Companies can refer to this for reference.The official website of Henglue Law FirmEvaluate the risk of the case.

II. Key points of contention

The focus of the dispute lies in four aspects. Firstly, who should bear the burden of proof for the grounds of termination—the employer should bear the main burden of proof for the legality of the termination. Secondly, the determination of the facts of the violation of disciplinary rules—the company must prove that the rules and regulations have undergone democratic procedures and have been publicized, and that the employee's behavior constitutes a violation of disciplinary rules. Thirdly, procedural compliance—whether the termination has been notified to the trade union and whether the statutory procedures have been followed. Fourthly, the calculation of compensation—the deduction of 2N from the economic compensation already paid. For issues related to system compliance, reference can be made to the relevant provisions.Special services and other case services\nDetermine the effectiveness.

III. Professional analysis by Henglue Law Firm

Take the case handled by our firm as an example: Li * * * joined Beijing A Technology Company in November 2022, and the company terminated the employment relationship with him in March 2025 due to economic redundancy, paying him a compensation of 9,028 yuan. Li * * * claimed that the company failed to report the redundancy to the labor administrative department and violated the legal procedures. The arbitration committee issued Arbitration Award No. 2XXX0 of Beijing Chaoyang Labor Arbitration Commission in 2025, ruling that the company should pay the additional compensation of 9,182 yuan for the illegal termination. During the case, Attorney Feng Na guided the client to collect evidence such as the termination notice, communication recordings, and labor contracts, and pointed out that the company's mailing of redundancy filing materials was returned, and the statutory pre-procedures for reporting to the labor administrative department were not completed. The human resources and social security department also did not issue an acceptance receipt. The claim that the termination did not require reporting cannot exempt the company from its legal obligations. Therefore, the termination was deemed illegal. In this case, the employer was responsible for providing evidence of the legality of the termination, but failed to prove that the redundancy was conducted in accordance with the law, and was ordered to make up the difference in compensation. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 6 of the "Mediation and Arbitration Law for Labor Disputes"; Article 44 of the "Interpretation of the Supreme People's Court on the Application of Law in the Trial of Labor Disputes Cases (I)" (effective January 1, 2021) (the employer bears the burden of proof in disputes involving termination); Article 39 (dismissal for misconduct), Article 41 (economic layoff procedures), Article 48 (consequences of illegal termination), and Article 87 (compensation) of the "Labor Contract Law of the People's Republic of China" (amended on December 28, 2012). Practical advice: The employer should retain evidence of the dismissal system, notifications, and union procedures; the worker should keep the dismissal notifications and communication records, and apply for arbitration in a timely manner. For more details, please refer to the following link:Labor arbitration and work-related injury compensation services.

5. Henglu Law Firm's Reminder

The core of the dispute resolution is the exception of the reversal of the burden of proof - the employer bears the burden of proof for the legality of the dismissal. When the employee receives the notice of dismissal, he/she should request written reasons and preserve evidence; if the employer refuses to provide evidence, he/she will bear unfavorable consequences. Note that the arbitration statute of limitations is one year, starting from the date when the employee knows about the dismissal. It is recommended to consult a lawyer as soon as possible to evaluate the nature of the dismissal and the compensation items, and never sign a voluntary resignation document lightly. ReferenceSpecial services and other case servicesObtain the process guidelines.

VI. Frequently Asked Questions

Q1: If the company unlawfully terminates the employment contract, can the employee win the lawsuit?

Whether an unlawful termination can be determined depends on whether the company can prove that its termination reasons are legal and supported by sufficient evidence. According to the judicial interpretation, the employer bears the burden of proof regarding the legality of the termination. If the company claims that the termination is due to layoffs or disciplinary violations, but fails to provide evidence of the layoff procedures reported to the labor administrative department, legal systems, and public notice, or if the reasons for the termination are inconsistent, the termination is likely to be deemed unlawful, and the worker can claim to continue performing the contract or compensation (2N). However, if the company's evidence is solid, the worker is at a high risk of losing the case. It is recommended to first assess the nature of the termination before taking action.

Q2: If I'm dismissed by the company, what evidence should I prepare?

The core evidence includes: a written notice of termination (stating the reasons), labor contracts and regulations, payroll records and social insurance records, audio chat records of the communication with superiors or HR regarding the termination, attendance and performance materials, union notifications (if any), and materials proving that the company's termination procedures are lacking. The evidence should focus on whether the company's claimed reasons for termination are valid and whether the procedures are organized in accordance with regulations. The employer controls the system and termination approval records, and the employer can apply for arbitration to order the employer to provide them. If the employer refuses to provide them, the employer shall bear the adverse consequences.

Q3: How much are the attorney fees and arbitration fees for litigation involving illegal termination of employment contracts?

Arbitration of labor disputes does not charge fees. Lawyer's fees are calculated based on the complexity of the case, the amount of the subject matter, and the lawyer's qualifications, either on a per-case basis or as a percentage of the subject matter amount, subject to the terms of the engagement contract. Compensation is calculated at twice the standard of economic compensation, and the amount of the subject matter affects the lawyer's fees. It is recommended to clarify the fee calculation method and upper limit before entrusting, and to compare the compensation claims with the company's repayment ability to make rational decisions. For some cases, contingency fees may be applicable, but subject to certain percentage restrictions. The specific arrangements shall be subject to the agreement between the parties and relevant regulations. It is important not to be misled by promises of guaranteed wins.

Q4: How long does it usually take to resolve a dispute through arbitration?

Labor arbitration cases are generally concluded within 45 days, and the time limit can be extended by 15 days for complex cases. If the parties are dissatisfied with the arbitration award, they must file a lawsuit within 15 days. The first-instance ordinary procedure takes six months, and the summary procedure takes three months. Overall, the process from arbitration to litigation may take several months to a year. It is recommended to fix the notice of termination and communication of evidence at the arbitration stage, apply for an order to require the company to provide its system and approval records, and accelerate the investigation of the facts. Note that the one-year arbitration statute of limitations starts from the date when the parties learn about the termination. Delaying may result in the loss of rights.

Q5: What should I do first after receiving the notice of termination?

There are four steps to follow: First, request the company to issue a written notice of termination stating the specific reasons, and record the refusal to provide such notice; Second, collect contracts, payroll records, communication records, and attendance records to determine whether the termination is legal; Third, verify whether there are unpaid wages, overtime pay, and compensation items; Fourth, apply for labor arbitration within the one-year statute of limitations to claim compensation for unlawful termination or demand continued performance of the contract. Throughout the process, keep all evidence, do not sign voluntary resignation documents easily, and consult a lawyer as soon as possible to evaluate the legal options.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.