Dispute over termination of labor contract due to serious violation of company rules and regulations by an advertising company in Xiamen

Case Summary

Plaintiff Chen joined Defendant Xiamen Certain Advertising Co., Ltd. on 2022/1/10 as a Client Manager under a written labor contract with a monthly salary of 10000 yuan, valid until 2025/1/9. On 2024/3/20, Defendant issued a Notice of Termination of Labor Contract to Plaintiff, unilaterally terminating the contract on grounds that Plaintiff had seriously violated company rules and regulations, engaged in fraud for personal gain, and caused significant damage to the company, without paying any severance compensation. Plaintiff contends that Defendant's termination lacked sufficient evidence and constituted an unlawful termination. Plaintiff therefore filed suit seeking compensation for unlawful termination of the labor contract amounting to 50000 yuan.

Key Dispute

1.Whether the defendant's rules and regulations were disclosed to and notified to the plaintiff.

2.Did the plaintiff commit a serious violation of company rules, engage in corruption or fraud, or cause significant harm to the company?

3.Does the defendant have sufficient factual grounds to terminate the labor contract with the plaintiff?

4.Is the defendant's termination of the contract unlawful?

Case Strategy

1.Core evidence: fixed-term labor contracts, payroll records, Notice of Termination of Labor Contract, company rules and regulations, and communication records between both parties.

2.The defendant failed to provide evidence that the company's rules and regulations were disclosed to or notified to the plaintiff, and also failed to present evidence of specific acts by the plaintiff involving serious violation of company rules, personal gain through corruption, or significant damage to the company. Therefore, the termination lacks sufficient factual basis and constitutes an unlawful dismissal.

3.Calculate the compensation for unlawful termination claimed by the plaintiff: with 2 years and 2 months of tenure, calculated as 2 times 2.5 months' wages, totaling 50000 yuan, in compliance with the Labor Contract Law.

Processing Result

The court ruled that Defendant Xiamen [Name] Advertising Co., Ltd. shall pay the Plaintiff, Chen, compensation for illegal termination of labor contract in the amount of 50000 yuan within 10 days from the effective date of this judgment; Defendant shall bear all litigation costs for this case.

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