Approaching the Spring Festival, Lawyer Chen Kaiwei, Secretary of the Party Branch of Guangdong Zhiming Law Firm, and Lawyer Li Zuolin, Party Member Lawyer, received a successful final ruling on a labor dispute case on January 13, 2025.

I. Case Review

The applicant's personification name 'Sweet' has a wild appearance. On April 1, 2024, he joined the company under the pseudonym "Shenlong Security Company". Due to an urgent matter, he applied for personal leave to his superiors on the morning of November 5, 2024, using the pseudonym "Summer" team leader. He applied for a continuous 7-day personal leave starting from November 5, 2024. However, the "Summer" team leader pointed out that his personal leave was too long to schedule and did not agree to his personal leave application. He asked him to fill out the resignation letter at the unit. If he did not have time, he could help him write the resignation letter on his behalf. In the end, he did not go to the unit to fill out the resignation letter, and it was unclear whether the unit had helped him write it. According to the jargon, asking him to fill out the resignation letter was equivalent to... He was dismissed.

The arbitration request of the applicant "Tian" is: 1. The respondent shall pay compensation such as economic compensation for termination of labor relationship, compensation for illegal termination of labor relationship, and compensation for proxy notice.

2、 Introduction to Agency Process Technology

After receiving the case, Lawyer Chen Kaiwei and Lawyer Li Zuolin conducted multiple interviews with "Tian"'s superior, Captain "Summer", and reviewed his WeChat chat records with "Tian". After careful analysis, they believed that "Tian"'s behavior was voluntary and did not meet the requirements for dismissal. The client highly recognized the conclusions and agency strategies of the two lawyers.

Before the court hearing, the two lawyers carefully wrote their defense and cross examination opinions, using the evidence of "Tian Mou" to make effective arguments. They believed that due to the fact that the applicant did not receive approval for personal leave and no longer provided labor from November 5, 2024, it should be regarded as their voluntary resignation. The applicant resigned on their own, and the labor relationship between the two parties was terminated on November 5, 2024.

3、 Arbitration award

The arbitration commission, in accordance with Article 3 of the Labor Law of the People's Republic of China, Articles 40, 46, and 48 of the Labor Contract Law of the People's Republic of China, Article 58 of the Social Insurance Law of the People's Republic of China, and Articles 47, 48, and 49 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, renders the following award:

Reject all arbitration requests of the applicant 'Tian'.

4、 Lawyer's Heart Language

Be kind to others, be kind to oneself, be worthy of others, and be worthy of oneself. All ordinary people can achieve extraordinary lives, and all ordinary work can create extraordinary achievements. As an ordinary lawyer, we encounter various ordinary cases every year, but it is our great wish to work hard and ensure that the judicial authorities handle each ordinary case fairly and justly.

Adhere to the belief in the rule of law, never forget our original intention, forge ahead, and strive to actively participate in the great practice of comprehensively governing the country by law.