Enterprise faces employee claim for unsigned contract, Zhiming lawyers assist enterprise in rights protection victory!
Zhong Mouliang and Ye Mouqing filed for arbitration with the Labor and Personnel Dispute Arbitration Committee of a certain district in Shenzhen, citing the company's failure to sign labor contracts, and demanded corresponding compensation from their former employer, Shenzhen Mouhai Trading Co., Ltd. With the assistance of attorneys from Zhiming Law Firm, the labor arbitration committee dismissed the arbitration applications filed by Zhong Mouliang and Ye Mouqing.
Former employees demand compensation citing unsigned contracts
On November 9, 2016, the applicants Zhong Mouliang and Ye Mouqing joined Shenzhen Mouhai Trading Co., Ltd. as dispatched quality control inspectors (QC). Shortly thereafter, they resigned and filed for arbitration with the Labor and Personnel Dispute Arbitration Commission of a certain district in Shenzhen, claiming that the company had failed to sign labor contracts with them and demanding compensation of double wages for each of them.
Labor arbitration tribunal (image source: internet)
To respond to the lawsuit, Shenzhen Mouhai Trading Co., Ltd. approached the Zhiming Lawyer Team of Guangdong Zhiming Law Firm and promptly completed the engagement procedures, formally entrusting the Zhiming lawyers to represent them in the case. After carefully reviewing the case, lawyers Zhang Qingping and Guo Yixuan from the Zhiming Lawyer Team held that, under the principle of "he who asserts must prove," the evidence submitted by Zhong Moulang and Ye Mouqing was questionable in terms of legality, authenticity, and relevance, and therefore could not establish that a labor relationship had existed between the two applicants and their client. As a result, the arbitration tribunal should not support the arbitration applications of the two applicants.
In the end, the Labor and Personnel Dispute Arbitration Commission of a certain district in Shenzhen issued its arbitration award. As Attorney Zhiming had anticipated, the arbitration tribunal did not support the arbitration claims of Zhong Mouliang and Ye Mouqing!
