Zhiming Victory Report | Last-place elimination is also illegal; termination of contract requires caution.

📅 2025-01-14 📂 Classic caseClassic case 🏷️ #[5] Labor dispute #Elimination of the lowest performer #违法解除合同

Recently, a labor dispute case represented by Zhang Yu, a lawyer from Guangdong Zhiming Law Firm, has been successfully concluded. After a lengthy process spanning two years and three months through labor arbitration, first-instance trial, and second-instance trial, the employer's illegal termination of the labor contract was finally recognized. The legitimate rights and interests of the worker were fully protected, and full compensation of 2N 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 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 peak of the COVID-19 pandemic, Wang failed to meet the fourth-quarter performance targets 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 complete resignation procedures, citing the "last-place elimination system."

Wang, unable to contain his anger, went to Guangdong Zhiming Law Firm and sought out 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-yank" does not constitute a legal ground for termination under the Labor Contract Law, and the employer's actions amounted to illegal termination.

During the arbitration and litigation process, the real estate company's legal counsel also fought back, arguing that the "last-place elimination" performance appraisal system had been approved by the employee representative assembly. Moreover, the company did not send Wang a written notice of termination of the labor contract, and the opposing lawyer attempted to convince the arbitrator and judge that the worker had voluntarily resigned. Lawyer Zhang Yu, leveraging solid legal expertise and extensive practical experience, presented a compelling argument focusing on 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 aspect: It reaffirms the illegality of the "elimination by ranking" system. Even if such practice has been elevated to company regulations approved by the employee representative assembly, it is difficult to gain support from arbitration committees or courts, warning that corporate human resource management must comply with the law.

2. Social aspect: It demonstrates judicial protection favoring vulnerable workers, reinforcing the concept of social fairness.

3. Industry impact: It provides a reference for adjudicating similar cases, promoting the rule of law in labor relations.

**Lawyer's Professionalism**

Lawyer Zhang Yu serves as a perennial legal advisor for multiple enterprises, accumulating extensive experience in the field of labor compliance. He also generously dedicates time to 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 indomitable 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 rights-protection story echoes with justice."

  **结语**

Justice may be delayed, but it will never be absent. The victory in this case is a vivid footnote to the spirit of the rule of law and a testament to legal professionals staying true to their original aspirations. Guangdong Zhiming Law Firm will continue to leverage its professional expertise to safeguard workers' rights and contribute to building harmonious labor relations.

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