Plaintiff A joined Company B in July 2021 to work in a management position. After joining, Company B arranged for A to obtain Beijing household rstration. In November 2024, A lawfully resigned for personal career planning reasons; however, Company B demanded a 120,000 RMB penaltor breach of the household registration agreement, citing the arrangement of the Beijing household registration, and coerced A by refusing to issue a certificate of resignation.
In order to smoothly process the resignation and avoid affecting future employment, A paid the sum under duress. Subsequently, A believed that since no service period aent had been signed and no penalty for breach of household registration terms had been stipulated, Company B lacked legal and contractual basis for charging the fee; therefore, A initiated labor arbitration and lon to demand the return of 120,000 yuan. Facing opposition from a large enterprise, A hoped to resolve the dispute quickly and recover the funds promptly while uphlegal rights, and thus entrusted Lawyer Zhao Hongbo of Beijing Rudu Law Firm to act as the full attorney for this case.
Attorney Zhao Hongbo provides legal services covering foreign-related matters, civil and commercial dispute resolution, corporate legal counsel, litigation and arbitration, and corporate gover. Since commencing practice, he has handled a large number of civil and commercial litigation cases, including corporate equity disputes, financial lending disputes, real estate purchase contract disputes, house demolition and compensation contract disputes, family disputes, inheritance disputes, personality right disputes, and labor disputes, earning high recognition from clients.
After accepting the commission, Attorney Zhao Hongbo comprehensively reviewed evidence such as employment contracts, salary and social security records, transfer vouchers, and communication records. He clarified that no service period agreement had been signed and no penalty was stipulated, and that the company's demand for payment under threat of withholding the resignation certificate violated the law. Based on the case circumstances, the attorney determined a strategy prioritizing mediation for a quick recovery of funds, proactively communicating with the company to explain the legal risks and liabilities involved.
During the case handling process, Attorney Zhao Hongbo acted as a mediator and engaged in rational negotiations, refining the mediation plan on multiple occasions. Under the core of ensuring the party's full recovery, he effectively alleviated the adversarial sentiments between both parties. Under the court's supervision, the lawyer assisted in perfecting the terms of the mediatin agreement, clarifying the payment amount, deadlines, and the matter of final settlement, ensuring that the agreement was legally valid and enforceable.
Through the professional promotion and full coordination of Attorney Zhao Hongbo, both parties reached a unanimous mediation agreement. The Daxing District People's Court of Beijsued a Civil Mediation Statement: Company B shall pay Party A a lump sum of 120,000 RMB before May 9, 2by resolving the dispute in this case once and for all, and there shall be no further labor disputes between the parties.
This case was successfully concluded through efficient mediation, avoiding lengthy litigation and recovering the full amount of 120,000 yuan for the parties.er Zhao Hongbo efficiently safeguarded the legitimate rights and interests of the worker with his professional mediation skills and pragmatic attitude, earning high recognition from the parties.
1. Liquidated damages agreements are invalid except in statutory circumstances: Employers may not require employees
to pay liquidated damages except for service periods following specialitraining and non-compete obligations; matters
such as household registration and onboarding cannot be used as grounds for charging fees.
2. Coercive charging for resignation certificates is prohibiteployers must issue resignation certificates upon termination
of the labor contract and may not coerce employees into paying fees by threatening to withhold household registration,
personnel files, or administrative procedures.ced payments can be legally recovered: Employees who have paid
unreasonable fees under duress should preserve evidence of transfers, communications, and coercion, and may seek
recovery through arbitration or liigation.
4. Mediation is preferred for labor disputes: For cases with clear facts and definite amounts, mediation can significantly
shorten the process and reduce costs; court mediation statements are enfo.
5. Promptly engage professional lawyers for rights protection: Facing the employer's dominant position, employees
should engage lawyers early to secure evidence and negotiate legally, thereby increasing the success rate of rights
prtion and the efficiency of recovery.