Worker's unreasonable claim for hundreds of thousands in double wages, Zhiming lawyer intervenes to resolve
On June 21, 2017, Guangdong Zhiming Law Firm received an arbitration decision from the Shenzhen Labor and Personnel Dispute Arbitration Institute, regarding the withdrawal of an arbitration application by a worker, which spared the client from an unjust compensation claim.
In April 2014, the party concerned received an arbitration application in which the worker claimed compensation of several hundred thousand yuan. Anxious and uneasy, they sought out the Zhiming Lawyer Team of Guangdong Zhiming Law Firm, requesting legal representation to protect their rights in accordance with the law.
After accepting the case, Attorney Zhang Qingping of the Zhiming Law Firm team conducted an in-depth study of the case and concluded that the worker's arbitration claim for hundreds of thousands in compensation for failure to sign a labor contract lacked factual and legal basis, because the worker had already signed a labor contract with an affiliated company of the respondent during the same period. During the court hearing, Attorneys Zhang Qingping and Guo Yixuan clearly stated that the reason the law requires employers to sign labor contracts with workers is primarily to protect workers' legitimate rights and interests by ensuring they can promptly identify the employer for rights protection when those interests are infringed upon. In this case, since an employer had already signed a labor contract with the worker, the worker's legitimate rights and interests were already protected, and the worker's continued claim for double wages for failure to sign a contract was clearly made in bad faith. After the hearing, the worker, seeing no prospect of compensation, was compelled to withdraw the unreasonable arbitration application before the arbitration tribunal!
