Recently, Mr Yu Hanjun and Mr Yang Shunyi, partners at JAVY Law Firm, drew upon their outstanding professional expertise and extensive litigation experience to successfully represent a client in a retrial of a labour dispute. After the client had lost at both the first and second instance, they secured a reversal of the decision at the retrial stage, winning compensation totalling over 500,000 yuan for the unlawful termination of the employment contract, thereby effectively safeguarding the legitimate rights and interests of the employee.
Case Background
The client in this case had established an employment relationship with a well-known international school for expatriate children and its affiliated companies since 2013, having signed multiple fixed-term employment contracts in succession.
As the employment contract was nearing its expiry, the client, in accordance with the relevant provisions of the Labour Contract Law of the People’s Republic of China, explicitly requested the signing of an open-ended employment contract. However, this reasonable request was rejected by the employer, who subsequently unilaterally announced that the employment contract would not be renewed and issued a ‘Notice of Non-Renewal upon Expiry of Employment Contract’.
Faced with this sudden turn of events, the client decided to pursue legal action to protect their rights, but the outcomes of both the first and second instance trials were unsatisfactory.
Involvement of Specialist Lawyers
Faced with this setback, the client did not give up but instead sought professional assistance from lawyers Yu Hanjun and Yang Shunyi.
The two lawyers not only meticulously examined every detail of the case but also actively gathered a substantial amount of evidence favourable to the client. Having gained a thorough understanding of the case, they formulated a meticulous retrial strategy aimed at reversing the unfavourable situation through precise legal arguments and the presentation of compelling evidence.
During the retrial proceedings, our firm’s legal team fully utilised their professional expertise. Drawing on their profound legal knowledge, they accurately identified the employer’s unlawful conduct during the signing and termination of the employment contract, and constructed a rigorous legal argumentation system centred on these violations. Simultaneously, regarding key issues such as the calculation basis for economic compensation, the legal team provided comprehensive and compelling evidence, successfully persuading the court to adopt their position.
Ultimately, the Zhejiang Provincial High People’s Court issued a retrial judgement, ruling that the employer had unlawfully terminated the employment contract and, in accordance with the law, ordered the employer to pay the client compensation of over 500,000 yuan.
Professionalism Shapes the Future; Service Forges Excellence
The successful representation in this case is a concentrated demonstration of JAVY Law Firm’s professional capabilities. Moving forward, JAVY Law Firm will continue to uphold its service philosophy of ‘professionalism, dedication, integrity and efficiency’, closely monitoring the latest developments in labour laws and regulations, and continuously enhancing the professional competence and service standards of its legal team. Through the professional efforts and unwavering commitment of JAVY’s lawyers, we aim to provide high-quality legal services to more workers and contribute to the establishment of harmonious and stable labour relations.
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