Dispute over termination of labor contract by a catering company in Xiamen due to employee absenteeism

Case Summary

Plaintiff Li joined Defendant Xiamen [Company Name] Catering Management Co., Ltd. on 2022/10/1 as a cook. A written labor contract was signed, agreeing to a monthly salary of 9000 yuan and an expiration date of 2025/9/30. On 2024/5/10, Defendant issued a Notice of Termination of Labor Contract, citing Plaintiff's 10 consecutive days of unauthorized absence and serious violation of company rules, thereby unilaterally terminating the contract without paying any severance. Plaintiff contends that Defendant lacked sufficient evidence for the termination, constituting wrongful dismissal, and filed suit seeking compensation of 36000 yuan for illegal termination of the labor contract.

Key Dispute

1.Was the defendant's attendance policy made public and communicated to the plaintiff?

2.Does the defendant have sufficient evidence to prove that the plaintiff was absent without leave for 3 consecutive days?

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 includes: fixed-term labor contracts, wage payment records, Notice of Termination of Labor Contract, company attendance policies, attendance logs, and communication records between both parties.

2.The Defendant failed to provide evidence that the company's attendance policy was publicized or communicated to the Plaintiff, and also failed to submit sufficient attendance records proving the Plaintiff's alleged continuous absenteeism of 3 days. Therefore, the termination lacks adequate factual basis and constitutes an unlawful dismissal.

3.Calculate the compensation for unlawful termination claimed by the plaintiff: with 1 years and 7 months of tenure, calculated as 2 times 2 months' wages, totaling 36000 yuan, in compliance with the Labor Contract Law.

Processing Result

The court ruled that Defendant Xiamen [Name] Catering Management Co., Ltd. shall pay Plaintiff Li the compensation for illegal termination of labor contract, amounting to 36000 yuan, within ten days from the effective date of this judgment. Defendant shall bear all litigation costs for this case.

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