Dispute over severance pay for termination of labor contract due to significant changes in objective circumstances at a manufacturing company in Fujian Province

Case Summary

Plaintiff Wang joined Defendant Fujian [Company Name] Manufacturing Co., Ltd. on 2021/3/1 as a Production Supervisor under a written employment contract with a monthly salary of 15000 CNY, valid until 2025/2/28. On 2024/2/15, the Defendant issued a Notice of Termination of Employment Contract, citing business restructuring and significant changes in objective circumstances that rendered the contract unfulfillable. The Defendant unilaterally terminated the contract without providing the required 30-day prior notice or paying any severance compensation. Plaintiff contends that the termination violated legal provisions and filed this lawsuit seeking economic compensation for termination amounting to 52500 CNY, plus payment in lieu of notice totaling 15000 CNY, for a combined sum of 67500 CNY.

Key Dispute

1.Is the defendant's termination of the employment contract on the grounds of a significant change in objective circumstances compliant with legal regulations?

2.Should the Defendant provide 30 days' prior notice to the Plaintiff or pay in lieu of notice?

3.Whether the plaintiff's claimed economic compensation and payment in lieu of notice comply with legal requirements regarding calculation base and amount.

Case Strategy

1.Core evidence such as the fixed-term written labor contract, payroll records, the "Notice of Termination of Labor Contract," and communication records between both parties.

2.Submit evidence that the plaintiff was employed on 2021/3/1, had their employment terminated on 2024/2/15, has a tenure of 3 years, and an average monthly salary of 15000 yuan.

3.Demonstrate that, pursuant to the Labor Contract Law, if a significant change in objective circumstances at the time of concluding the labor contract renders it unperformable, and the employer and employee fail to reach an agreement on modifying the contract terms after consultation, the employer may terminate the labor contract by providing 30 days' prior written notice to the employee or by paying one additional month's wages. In such cases, economic compensation must be paid to the employee.

4.证明被告未提前30日通知原告，也未与原告协商变更劳动合同内容，直接解除了劳动合同，不符合法律规定的程序，应向原告支付代通知金15000元

5.Calculate the plaintiff's claimed severance pay: based on 3 years of service and 3.5 months' wages, totaling 52500 yuan. This complies with legal regulations.

Processing Result

The court ruled that Defendant Fujian [Name] Manufacturing Co., Ltd. shall, within 10 days of the effective date of this judgment, pay Plaintiff Wang 52500 yuan as economic compensation for termination of labor contract and 15000 yuan in lieu of notice, totaling 67500 yuan; Defendant shall bear all litigation costs of this case.

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