Hysome Cases | Labor dispute between Beijing Quna Software Technology Co., Ltd. and Guo and Li

The plaintiff, Beijing Quna Software Technology Co., Ltd. discovered that its employee Guo and another employee, Li, had repeatedly checked in on behalf of each other, so Guo and Li were dismissed on the grounds that they had seriously violated the company's rules and regulations. Guo and Li filed an application with the Beijing Labor and Personnel Dispute Arbitration Commission to request that Quna Company pay compensation for the illegal termination of the labor contract. After the Arbitration Commission issued an arbitration award, the plaintiff entrusted the firm's attorney Yuan Quan to file a lawsuit with the Haidian District People's Court in Beijing, arguing that they did not need to make compensation to Guo more than RMB 30,000 yuan and to Li more than RMB 50,000 Yuan due to illegal termination of the labor contract. 

The focus of the dispute in this case is whether Quna had factual and legal grounds for terminating the labor contracts with Guo and Li.

After a trial, the Haidian District People's Court in Beijing found that, based on the surveillance video and the evidence from the attendance system records submitted by Quna, the employees of Quna Guo and Li checked in on the same punch machine with different cards, yet the check-in records of the them on the same punch machine were only a few seconds apart, and that the time for checking in and commuting time stated by them could be mutually corroborated. It was determined that Guo and Li had indeed acted on behalf of others to check in on their behalf and to request someone else to check in on their behalf. Quna Company prepare its "Employee Handbook" in a legal procedure, which clearly states that "A employee entrusting others or helping others to check in on his behalf" constitutes a serious violation of discipline which may cause of dismissal. And Guo and Li knew and signed for the Employee Handbook. In such a case, the court found that Quna Company had factual and legal basis for dismissing Guo and Li. Guo and Li claimed that the compensation for illegal termination of the labor contract had no basis.  The court supported the request proposed by Quuna Company that Quna does not need to make compensation to Guo more than RMB 30,000 yuan and to Li more than RMB 50,000 Yuan due to illegal termination of the labor contract.

The case went through one arbitration and two trials. The original arbitration award was extremely unfavorable to Beijing Quna Company. After accepting the plaintiff's commission, Ms. Yuan Quan collected and collated evidence for the plaintiff. The evidence was detailed and intertwined. The Haidian District People’s Court in Beijing upheld the request proposed by the plaintiff. The appeals of the two defendants were all rejected by the Beijing No. 1 Intermediate People's Court. Through this case, we protect our parties from the losses of about RMB 90,000 yuan.