[6] Disguised dismissal after opposing the company; lawyer's rights protection ultimately secured economic compensation
Although Zhu did not provide substantive evidence, with the assistance of lawyer Zhang Qingping, Zhu obtained the "transaction details" of his salary card from the bank and successfully calculated the unpaid paid annual leave wages owed by the company. Secondly, although Zhu's salary followed a "minimum wage standard + related benefits" model, and the "related benefits" were quite vague, lawyer Zhang Qingping believed that a basic reference value could still be derived by itemizing the average salary of Zhu's first 10 months, which could serve as the wage standard for Zhu's final two months. Finally, during the evidence exchange stage of arbitration, lawyer Zhang Qingping discovered that the company had actually forged a "Notice" to prove that Zhu was dismissed for unauthorized absenteeism, despite repeated reminders and without completing a work handover. In response, lawyer Zhang Qingping, after consulting with chief lawyer Wang Tengfeng, believed that the "Notice" was merely the company's unilateral statement, intended to fabricate facts and confuse the issue. However, in the absence of other relevant evidence, this "Notice" should not be accepted by the arbitration tribunal, and therefore Zhu could still request the tribunal to terminate the labor relationship and demand the company to pay economic compensation.
In the arbitration tribunal, lawyer Zhang Qingping engaged in intense back-and-forth debates with the attorney representing the company's actual controller over issues such as whether Zhu had been absent from work without authorization. Although Zhu was unable to provide any other evidence in the entire case besides bank statements of salary payments, Zhang Qingping still managed to challenge and refute the materials, including the "Notice," submitted by the attorney for the company's actual controller, prompting the tribunal to see the facts clearly. In the end, the tribunal issued its ruling: fully supporting Zhang Qingping's arguments, ordering the company to make up two months' salary for Zhu, pay two years' worth of paid annual leave wages, and provide Zhu with economic compensation for the termination of the labor relationship.