Hysome Cases | Labor dispute case between Beijing Zhonghe Tianxia Management Consulting Co., Ltd. and Zou

In 2022, the plaintiff Zou applied to the Beijing Chaoyang District Labor and Personnel Arbitration Commission for arbitration because the defendant, Beijing Zhonghe Tianxia Management Consulting and Management Consulting Co., Ltd. did not pay wages, overtime pay, and unpaid annual leave from September 30, 2017 to December 31, 2019. After receiving the arbitration notice, the defendant appointed attorney Yuan Quan to handle the case for him. In September 2022, the Commission issued a ruling rejecting all arbitration requests proposed by the plaintiff.

The plaintiff Zou disagreed and sued the Chaoyang District People's Court in Beijing. The plaintiff stated that in 2017, the plaintiff and the defendant had formed a factual labor relationship. In September 2020, the defendant notified the plaintiff that the defendants' affiliated company would manage the plaintiff. At the same time, the plaintiff also submitted a relevant civil judgment in force. Both judgments found that the plaintiff and the defendant established a labor relationship in October 2016, and since the defendant and the plaintiff did not sign a labor contract, the defendant shall pay the plaintiff double the wage without signing the labor contract.

The focus of the dispute in this case is whether there was a labor relationship between the plaintiff and the defendant from September 30, 2017 to December 31, 2019? Should the defendant pay the plaintiff default wages, overtime pay and untaken annual leave wages during this period?

After trial, the Chaoyang District People's Court in, Beijing found that there was no labor relationship between the plaintiff and the defendant from September 30, 2017 to December 31, 2019. The court did not support the plaintiff’s request that the defendant shall pay the plaintiff the wages, overtime pay and untaken annual leave wages from September 30, 2017 to December 31, 2019.

In this case, since the effective judgment submitted by the plaintiff was extremely unfavorable to the defendant, after accepting the defendant's entrustment, Ms. Yuan Quan collected and collated evidence for the client, while also searching for relevant laws, regulations and judicial cases, put forward favorable opinions, and was accepted by the Arbitration Commission and the court. In the end, she recovered financial losses for our clients. It also avoided many risks for our clients and reduced the occurrence of similar cases.