Labor Dispute Over Termination of Employment Due to Incompetence at a Xiamen Catering Company

Case Summary

Plaintiff Lin joined Defendant Xiamen [Name] Catering Management Co., Ltd. on 2022/5/1 as Store Manager under a written employment contract agreeing to a monthly salary of 12000 RMB, with the term ending on 2025/4/30. On 2024/4/15, Defendant terminated Plaintiff's employment unilaterally, citing incompetence and failure to meet store performance targets, without providing any severance payment. Plaintiff contends that the termination was unlawful and filed this lawsuit seeking compensation for wrongful termination in the amount of 48000 RMB.

Key Dispute

1.Does the defendant have sufficient evidence to prove that the plaintiff is incompetent?

2.Did the defendant provide training to the plaintiff or adjust their job position prior to terminating the labor contract?

3.Does the defendant's termination comply with legal requirements?

4.Does the compensation for illegal termination claimed by the plaintiff comply with legal regulations?

Case Strategy

1.Core evidence: fixed-term written labor contracts, wage payment records, Notice of Termination of Labor Contract, store performance records, and communication logs between both parties.

2.To terminate an employment contract, the employer must provide evidence that the employee was unable to perform their job duties. Even after training or a job reassignment, if the employee remains unable to meet performance requirements, the employer may terminate the contract by providing 30 days' written notice or by paying one month's salary in lieu of notice. Additionally, the employer is required to pay economic compensation to the employee.

3.The defendant failed to provide sufficient evidence that the plaintiff was incompetent, nor did it provide training or adjust the plaintiff's job position before terminating the labor contract directly. This violates legal procedures and constitutes an illegal termination.

4.Calculate the compensation for illegal termination claimed by the plaintiff. With 2 years of service, calculated as 2 times 2 months' wages, totaling 48000 yuan, which complies with legal provisions.

Processing Result

The court ruled that Defendant Xiamen [Name] Catering Management Co., Ltd. shall pay Plaintiff Lin the compensation for illegal termination of labor contract in the amount of 48000 yuan within ten days from the effective date of this judgment, and shall bear all litigation costs of this case.

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