Lawyer Larry Secured Over 500K RMB Severance for A Foreign Executive from Chinese Enterprise
Upon receiving a termination notice, a foreign executive engaged the legal team of Lawyer Larry at Landing (Shenzhen) Law Office. Having relocated to China for this job, the client faced unjust dismissal despite exemplary performance, posing significant challenges.
Facing an unjustified termination, Lawyer Larry promptly issued a lawyer's letter to the employer and personally participated in negotiations. Additionally, our legal team verified the foreigner's work permit information by contacting the Foreign Expert Bureau and applying for government information disclosure, extending the client's stay in China by nearly two months.
Despite legal and language differences, Lawyer Larry explained Chinese labor laws and regulations in detail, analyzing similar cases to the foreign client. Ultimately, the client decided to initiate labor arbitration, demanding the employer fulfill the contract. While the probability of success was low, our lawyer's assistance garnered attention from company executives, leading to mediation opportunities between the client and the employer in the arbitration process.
Subsequent investigations in the labor arbitration confirmed that the client's work permit was processed by the employer's affiliated company. According to relevant regulations, this situation suggested a service relationship rather than an employment relationship. In response, Lawyer Larry promptly withdrew the arbitration application, filed a complaint against the employer for illegal employment, and prepared for civil litigation.
Effectively taking legal actions, the employer, recognizing the gravity of the situation, initiated contact with Lawyer Larry for mediation. Through active communication and finding common ground, Lawyer Larry facilitated a settlement agreement, resulting in the employer paying the foreign executive a severance compensation exceeding 500,000 RMB.
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