Hysome Cases | Case of Labor Dispute between AVIC INTL Beijing Co., Ltd. and Sun

Background of case

The employee Sun is a senior employee of the company, who has worked in the company for more than 30 years. While working in the company, Sun first provided labor services to the company in the form of labor dispatching for more than 10 years. Since then, the parties signed a labor contract and established a labor relationship. After dissolving the labor relationship with the company, Sun believed that the period of providing the labor services to the company in the form of labor dispatching should also deemed as established a labor relationship with the company. To this end, Sun filed a labor arbitration, applied for confirmation of the labor relationship with the company during the above period, and plans to request the company to make a supplementary payment the social insurance premium and housing provident fund for the above period after the labor relationship is confirmed.

Case agency

This case involved leftover issues due to the length of time the employees were employed. Many employees of the company were unaware of the real situation. As the attorney of the company, we visited the company several times to find out about the situation and communicate with the senior leaders and employees, so as to find out the circumstances of the case and better respond to the lawsuit. After fully understanding the circumstances of the case, we sorted out 15 items of evidence in a targeted manner and prepared a “List of Evidence”. After that, we drafted the lawyer's "Agency Opinion" based on the evidence.

Case outcome

The case was heard by the Beijing Chaoyang District Labor and Personnel Dispute Arbitration Commission. In the end, the employee's claim to confirm the labor relationship was rejected by the Arbitration Committee. To this end, he company also avoided paying the subsequent social insurance premium and housing provident fund, saving a total of nearly RMB 1 million yuan for our client.