As the Spring Festival approaches, on January 13, 2025, Chen Kaiwei, Secretary of the Party Branch of Guangdong Zhiming Law Firm and a lawyer, along with party member lawyer Li Zuolin, received a final ruling in a labor dispute case that resulted in a complete victory.

I. Case Review

The applicant, under the alias "Sweet", has a wild appearance. He joined the company under the alias "Shenlong Security Company" on April 1, 2024. Due to an urgent matter, he submitted a leave request to his superior, Captain "Summer", on the morning of November 5, 2024, requesting seven consecutive days of personal leave starting from November 5, 2024. However, Captain "Summer" stated that the leave period was too long to arrange shifts and rejected the request, instructing him to go to the company to fill out a resignation letter. If he had no time, the company could write it on his behalf. Ultimately, he did not go to the company to fill out the resignation letter, nor did he know whether the company wrote one for him. In industry terms, the respondent asking him to fill out a resignation letter effectively meant he was fired.

The applicant "Sweet" requests in arbitration: First, the respondent shall pay compensation for termination of labor relations, compensation for illegal termination of labor relations, payment in lieu of notice, and other damages.

Second, technical summary of the agency process.

After accepting the case, lawyers Chen Kaiwei and Li Zuolin conducted multiple interviews with "Sweet"'s superior, Captain "Summer", and reviewed their WeChat chat records. Through careful analysis, they concluded that "Sweet"'s behavior constituted voluntary resignation and did not meet the criteria for dismissal. The client fully agreed with the lawyers' conclusion and agency strategy.

Before the hearing, the two lawyers carefully drafted the defense and evidence objections, effectively arguing using "Sweet"'s own evidence. They contended that since the applicant failed to obtain approval for personal leave and stopped showing up for work from November 5, 2024, this should be considered voluntary resignation, meaning the labor relationship between the two parties was terminated on November 5, 2024.

Third, arbitration award.

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 Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the Arbitration Commission hereby rules as follows:

All arbitration requests submitted by the applicant "Tian Mou" are dismissed.

IV. Lawyer's Reflections

Kindness to others is kindness to oneself; be true to others and true to oneself. Every ordinary person can achieve an extraordinary life, and every ordinary job can create extraordinary accomplishments. As an ordinary lawyer, we encounter a variety of ordinary cases each year, but it is our greatest wish to do our utmost and ensure that the judicial authorities handle each ordinary case we represent with fairness and justice.

Uphold the faith in the rule of law, never forget the original aspiration, forge ahead with determination, and strive to actively participate in the great practice of comprehensively governing the country by law.