Zhiming Law Firm represented a labor dispute case and successfully dismissed an unreasonable claim in the second instance for the enterprise.
Another victory! The labor dispute case involving Zhong Moumou and Ye Moumou (appellants) versus a Shenzhen trading company (respondent) and a third party, Cao Mou, represented by Zhang Qingping and Guo Yiyi, senior labor law attorneys from the Zhiming Law Firm Wang Tengfeng team, was recently concluded with a final ruling by the Shenzhen Intermediate People's Court, dismissing the appellants' lawsuit and justly and favorably upholding the legal rights of our client, the Shenzhen trading company.
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The appellants (plaintiffs), Zhong Moumou and Ye Moumou, claimed they were employed by the Shenzhen trading company from November 2016 to June 2017, engaged in outsourced inspection work. They alleged that during their employment, they performed inspection tasks as arranged by the company, were dispatched on business trips, and received wages, but the company unilaterally verbally terminated them without prior notice. Therefore, the appellants (two plaintiffs) argued that the company infringed on their legitimate labor rights and requested the court to order the company to pay compensation totaling approximately 100,000 yuan, including double wages for the lack of a signed labor contract, economic compensation for termination of the labor contract, and losses from business trip expenses during employment.
This case went through labor arbitration, first instance, and second instance final judgment. The focus of the case was whether there was a labor relationship between the appellants and the respondent or a personal service relationship between the appellants and the respondent's employee, Cao Mou (added as a third party in the first instance). The labor arbitration tribunal dismissed the claims of the two appellants. Dissatisfied with the arbitration ruling, the plaintiffs filed a lawsuit with the Luohu District People's Court, which determined that no labor relationship existed between the plaintiffs and the defendant company and lawfully rejected all of the plaintiffs' claims. On September 6, 2018, the two plaintiffs appealed to the Shenzhen Intermediate People's Court. The second instance court found that the facts determined by the original court were clear, and the evidence submitted by Zhong Moumou and Ye Moumou (appellants) was insufficient to prove a labor relationship with the trading company (respondent). Referring to Article 4 of the Supreme People's Court's Interpretation on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, the trading company (respondent) was not a proper party to the labor dispute lawsuit filed by the appellants, Zhong Moumou and Ye Moumou, and thus the court lawfully dismissed the appellants' lawsuit.
At this point, after a year and a half of litigation, the litigation process has been completed. Through the precise analysis and judgment of the dispute focus, laws and regulations, and trial strategies by lawyer Zhiming, Zhiming's original "; Lawsuit for the Protection of Literary and Artistic Rights; Another remarkable effect, breaking through difficult and complex problems one by one, successfully resolving grievances for the client once again, and effectively safeguarding their legitimate rights and interests.
