[Direct answer]In the Beijing area, verbal dismissal itself is not necessarily invalid, but the burden of proof shifts to the employee. For disputes arising from the employer's decision to terminate the employment contract, the employer shall bear the burden of proof for the facts and grounds of the termination. If the company says "you left because you were absent from work without permission" but cannot provide a written notice or relevant company rules, the dismissal will be deemed illegal, and the employee will be entitled to compensation equal to twice the amount of economic compensation. The first thing an employee should do after being verbally dismissed is to fix evidence showing that "the company told you to leave", rather than refusing to go to work out of anger.

I. Problem Background and Typical Scenarios

The typical tug-of-war of oral dismissal: the supervisor says, "Don't come tomorrow," and the employee walks away. The company later changes its story to "automatic termination due to continuous absenteeism"; the phone call notifies the employee that "there's no position left," but the employee claims to have been dismissed, and the company denies it; the leader says in WeChat, "You can leave now," but is the screenshot considered evidence? The company says, "Go home and wait for further notice," but the employee ends up being treated as absent without leave. Who said what, in what capacity, and whether they had the authority to do so - all will be revealed in the evidence.

II. Key points of contention

First, the determination of the intent to terminate the contract. Who made the statement, whether they have management authority, and whether the content clearly indicates termination. Second, the allocation of the burden of proof. If the employee claims to have been dismissed and the company claims that they resigned voluntarily, the company bears the burden of proof for "voluntary resignation" and will face adverse consequences if it fails to provide evidence. Third, the characterization of post-resignation actions. Whether the employee continued to provide labor after leaving, and whether the company urged them to return to work, will affect the credibility of both parties' claims. Fourth, the subsequent modification of the grounds for termination. The company cannot change the original grounds for termination in arbitration, and inconsistent statements will be a major detriment to its case.

III. Professional analysis by Henglue Lawyers

The core of the oral dismissal dispute lies in the rules of burden of proof allocation: the decision to terminate the labor contract is made by the employer, so the disputes arising therefrom fall under the employer's burden of proof—this is a clear rule stipulated in the Labor Dispute Mediation and Arbitration Law and judicial interpretations. Two public rulings illustrate this rule in detail: In a Beijing Haidian arbitration case, Wang *claimed that the company terminated his contract by phone on the grounds of "no available position," while the company argued that the dismissal was based on absenteeism but admitted that it failed to explicitly state the reason at the time of termination. The arbitration committee held that the company bore the unfavorable consequences for failing to provide evidence and acknowledging its inability to clarify the reason, and ruled that the company should pay compensation for unlawful dismissal. In a Jiangsu Zhenjiang Dantu court case, Zhu Cai Ping claimed she was orally dismissed, while the company argued she resigned voluntarily. Witness statements from co-workers confirmed the oral dismissal, and the company failed to provide evidence. The court awarded her over 70,000 yuan in compensation for unlawful dismissal based on her 17-year work experience. The ruling logic in both cases is consistent: when employees claim they were dismissed and the company claims they resigned voluntarily, and the company fails to provide written termination notices, records of urging return to work, or regulatory basis, the burden of proof falls on the company. Employees' evidence-gathering checklist prioritizes: audio recordings and WeChat messages (supervisors or HR stating "don't come back" or "position eliminated," with audio retaining the original carrier); work handover and access control changes records (e.g., revoking computer permissions, removing from work groups); and wage and social insurance suspension records. Post-evidence actions are equally crucial: don't quit "voluntarily" out of anger. Instead, formally request written termination notices and severance letters—the company's refusal to provide these constitutes evidence itself. There's also no need to wait indefinitely; demand clear explanations and retain urging records. For companies, the lesson is clear: termination is a legal act, not an emotional outburst. When dismissing employees, provide written notices with clear reasons and legal basis, and complete formalities. Oral dismissals not only fail to legally terminate the contract but also expose companies to double compensation in case of evidence failure. Termination reasons cannot be retroactively changed, and arbitration courts generally disregard late justifications. Beijing-based arbitration tribunals strictly review termination evidence, with most company losses stemming from "lack of traceability."

IV. Practical suggestions and legal basis

First step: Fixing evidence: Save a complete set of recordings, WeChat messages, changes in permissions, and records of suspension of payments. Second step: Written reminder: Require the company to clarify the grounds for termination and provide a written notice and a severance letter. Third step: Conduct oneself in accordance with the law: Neither quit work in anger nor wait indefinitely. Claim rights within one year of the statute of limitations. Fourth step: Ensure the company's compliance: All terminations must be in writing, and the grounds must be clearly stated once. Main legal basis: Article 6 (Burden of Proof) of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (implemented in 2008); Article 44 of the Interpretation of the Supreme People's Court on Legal Issues in the Trials of Labor Disputes (I); Articles 48 and 87 of the Labor Contract Law of the People's Republic of China (amended in 2012); Specific applications shall be subject to the currently effective laws and regulations.

5. Henglue Law Firm's Advice

The key to proving oral dismissal lies in evidence: The company's "let you go" needs to be backed up by recordings and documents, while the employee's "I didn't leave voluntarily" needs to be defended by reminders and attendance discipline. It's much more effective to start collecting evidence and issuing written reminders on the day of oral dismissal than to argue about who said what after the fact. For disputes involving illegal dismissal and compensation, you can seek legal assistance through proper channels.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, which can be used as a reference for enterprises to comply with the process of dismissalBusiness and contract disputes in enterprisesFor those who need long-term legal consultants to assist with the employee retention system, this can be a referenceIntellectual property protection and corporate lawFor plates, those involving case solutions can be combined togetherSpecialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Is it enough to just provide a screenshot of WeChat?

It can be used as evidence, preserving the original carrier, verifying the sender's identity, and, if necessary, obtaining a notarization, which enhances the evidentiary value of the document.

Q2: If I'm verbally dismissed and don't go to work, does that count as absenteeism?

There is evidence to prove that those who have been dismissed do not count; for those with insufficient evidence, the company should issue a written reminder to clarify its position, so as to avoid getting into a dispute over absenteeism.

Q3: What should the company do if it issues a written notice of termination after the fact?

Check whether the date of signature and the subject matter are consistent with what was said verbally. Records that are inconsistent with each other can actually serve as evidence for employees.

Q4: What's the use of the coworkers being willing to testify?

In the case of oral dismissal, the probative force of witness testimonies is particularly strong, and multiple testimonies that corroborate each other are generally accepted as evidence.

Q5: Can I request to continue to perform the contract if the contract is terminated illegally?

Yes, the employee can choose between compensation and continued performance of the labor contract. If the labor contract can still be performed, the employee can claim the restoration of the employment relationship.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

VII. Relevant public cases (for reference, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media that have been publicly released. They are not related to the cases handled by our firm and are provided solely for reference in understanding relevant adjudication rules. They do not constitute opinions on specific cases.

[Case No.]Beijing Hai Labor and Personnel Dispute Arbitration Case No. [2025] No. 3878
[Trial Court]Beijing Haidian District Labor and Personnel Dispute Arbitration Committee
[Judicial Summary]Wang * claimed that the company terminated the labor contract with him by phone on the grounds that "there was no position left", while the company claimed that it actually terminated the contract on the grounds of absenteeism, but admitted that it did not express the reason for the termination clearly at the time. The arbitration committee held that the burden of proof for disputes arising from the employer's decision to terminate the labor contract lies with the employer. Since the company failed to submit evidence and admitted that it did not express the reason for the termination clearly, it should bear the adverse consequences and was ordered to pay compensation of 4,899.52 yuan for the illegal termination of the labor contract.
[Source]The official website of the People's Government of Haidian District, Beijing City, has made public the arbitration award (2025-04).

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Dantu District, Zhenjiang City, Jiangsu Province
[Judicial Summary]Zhu Caiping claimed that she was verbally dismissed, while the employer claimed that she resigned voluntarily. The court held that if the employee claims that she was verbally dismissed and the employer claims that she resigned voluntarily, the employer shall bear the burden of proof for the fact of voluntary resignation, and shall bear the adverse consequences if it fails to provide evidence; the witness's testimony proved that she was verbally dismissed, and the employer constituted an illegal termination of the labor relationship. The court ordered the employer to pay compensation for the illegal termination of the labor relationship of 73,126 yuan (calculated based on 17 years of working experience).
[Source]Public Judgment Documents (2017-01)

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. In case of disputes, please consult a practicing lawyer in time.