Dispute over compensation for illegal termination of labor contract involving a trading company in Fujian

Case Summary

Plaintiff Wang joined Defendant Fujian [Name] Trading Co., Ltd. on 2021/5/10 as a Sales Manager under a written employment contract valid until 2024/5/9, with compensation set at 15000 yuan plus sales commissions. On 2023/12/15, Defendant issued a "Notice of Termination of Labor Contract," unilaterally terminating Plaintiff's employment citing unsatisfactory performance and serious violation of company policies, without providing any severance pay. Plaintiff contends that the termination lacked legal basis and constituted wrongful dismissal. Accordingly, Plaintiff filed for arbitration with the Xiamen Human Resources and Labor Dispute Arbitration Commission, seeking damages for wrongful termination in the amount of 90000 yuan. The Arbitration Commission ruled in favor of Plaintiff. Dissatisfied with the ruling, Defendant appealed to the court.

Key Dispute

1.Does the defendant have a legal basis to terminate the labor contract with the plaintiff?

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

3.原告主张的违法解除赔偿金的计算基数、年限是否符合法律规定

Case Strategy

1.固定书面劳动合同、工资发放凭证、销售业绩记录、《解除劳动合同通知书》、仲裁裁决书等核心证据

2.Provide evidence that the plaintiff was employed on 2021/5/10, terminated on 2023/12/15, with a tenure of 2 years and 7 months, and an average monthly salary of 15000 yuan.

3.The defendant terminated the employment contract on the grounds that the plaintiff failed to meet performance targets and seriously violated company rules. However, the defendant failed to provide evidence proving that the plaintiff committed such violations or that the company's rules were properly disclosed to and communicated with the plaintiff. Therefore, the termination lacked legal basis and constitutes an illegal dismissal.

4.Calculate the compensation for illegal termination claimed by the plaintiff: based on 2 years and 7 months of service, calculated as 2 times 3 months' wages, totaling 90000 yuan. This complies with the "Labor Contract Law."

Processing Result

The court ruled that Defendant Fujian [Name] Trading Co., Ltd. shall pay Plaintiff Wang the compensation for illegal termination of employment in the amount of 90000 yuan within ten days from the effective date of this judgment, and Defendant shall bear all litigation costs of this case.

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