Jin Rui Won the Labor Case which has Gone through Arbitration, First Instance and Second Instance | |
On November 11, 2019, Langfang Labor Dispute Mediation and Arbitration Committee made the award on the labor dispute between Mr. Li and a company situated in Langfang City, which rejected all the arbitration claims from the applicant Mr. Li. Then Mr. Li sued to the People's Court of Anci District, Langfang City. On December 23, 2019, the People's Court of Anci District, Langfang City issued the first-instance judgment, rejecting all the claims of the plaintiff Mr. Li and rendering him to bear the case acceptance fee.
On June 5, 2020, the Intermediate People's Court of Langfang City, Hebei Province issued the judgment of second instance, rejecting Mr. Li's appeal and upholding the original judgment.
In October 2007, Mr. Li took work at defendant¡¯s company and they did not sign a written labor contract at that time. Until June 2016, the two parties signed a fixed-term labor contract with a term of 2 years. After the contract expired, the two parties signed a two-year labor contract again. Because Li did not terminate the labor relationship with the former employer, defendant fulfilled the relevant labor union procedures after several urges failed, and issued a Notice on Dissolution of the Labor Contract to Mr. Li in December 2018 to terminate the labor relationship with him, and published a statement in the newspaper in January 2019. Mr. Li claimed that the reason for his failure to terminate the labor contract with former employer was that the former employer is in bankruptcy phase and could not go through the relevant procedures. However, defendant refused to recognize this and claimed that Mr. Li's former employer still pays him salary and social security every month. So Mr. Li's claim is not true.
As the attorney for defendant, attorneys in Jin Rui earnestly performed their duties through studying relevant evidence materials in this case carefully, clarifying the essence of the legal relationship in this case, and fully expressing legal opinion that was recognized by the court. The court believed defendant and Mr. Li terminate labor relationship legally, and rejected Mr. Li¡¯s claims in the end.
Lawyers in Jin Rui adheres to the practice philosophy of "Professional, Efficiency, Integrity, Cooperation", and effectively safeguards the rights and interests of the client. |
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