Zhiming Victory Report | Last-place elimination is also illegal; termination of contract requires caution.
Recently, a labor dispute case handled by Attorney Zhang Yu of Guangdong Zhiming Law Firm concluded successfully. After a long journey of 2 years and 3 months through labor arbitration, first instance, and second instance, the employer's illegal termination of the labor contract was finally recognized, the worker's legitimate rights and interests were fully protected, and full 2N compensation was awarded. The victory in this case not only reflects the fairness and justice of the law but also sets a precedent for similar cases.
**Case Review**
Wang had worked at a real estate company for 12 years, always diligent, self-disciplined, and cooperative with colleagues, never failing to meet performance targets. In the second half of 2022, during the worst of the COVID-19 pandemic, Wang failed the fourth-quarter assessment for the first time. On New Year's Day 2023, while on sick leave with a high fever, the employer notified Wang to return to the company to handle resignation procedures under the "elimination of the lowest performer" system.
Wang, feeling aggrieved, came to Guangdong Zhiming Law Firm and found lawyer Zhang Yu. After accepting the case, lawyer Zhang Yu conducted an in-depth analysis of the case and clearly pointed out that "rank-and-file elimination" does not constitute a legal ground for termination under the Labor Contract Law, and the employer's actions constitute illegal termination.
During the arbitration and litigation process, the consulting lawyer for the real estate company also fought back, arguing that the "rank-and-file elimination" performance assessment system had been approved by the employee representative assembly, and that the company had not sent a written notice of termination of the labor contract to Wang. The opposing lawyer attempted to convince the arbitrator and judge that the worker had voluntarily resigned. Relying on solid legal knowledge and extensive practical experience, lawyer Zhang Yu presented a strong argument around key issues such as the burden of proof and the legality of the termination procedure, ultimately winning unanimous support from the arbitration committee and both levels of courts.
**Significance of Winning the Case**
The comprehensive victory in this case carries multiple significances:
1. Legal level: It reaffirms the illegality of the "rank-and-file elimination system." Even if this practice has been elevated to a company regulation approved by the employee representative assembly, it is difficult to gain support from the arbitration committee or the court, warning that corporate human resource management must comply with the law.
2. Social level: It highlights the judiciary's protective leaning toward vulnerable workers and reinforces the concept of social fairness.
3. Industry impact: It provides a reference for adjudicating similar cases and promotes the rule of law in labor relations.
**Lawyer's Professionalism**
Lawyer Zhang Yu serves as a perennial legal advisor for multiple companies, accumulating extensive experience in labor compliance. He does not hesitate to spend time safeguarding the legitimate rights and interests of vulnerable workers, consistently adhering to the professional philosophy of "professional excellence and client first." In this case, his precise application of the law, meticulous litigation strategy, and fearless professional spirit earned high praise from the client. "The law is not a cold set of provisions but a shield guarding fairness," said lawyer Zhang Yu. "I am willing to continue speaking up for workers, ensuring that every story of rights protection echoes with justice."
**结语**
Justice may be delayed, but it will never be absent. The victory in this case is a vivid illustration of the rule of law and a testament to legal professionals' adherence to their original aspirations. Guangdong Zhiming Law Firm will continue to safeguard workers' rights with professional expertise and contribute to building harmonious labor relations.