注：英国公司在国内设立了一办事处，在未经批准之下，雇佣了中国员工，并。该员工在2008年2月突遭解雇，为讨一说法，我前后与该公司的英国负责人进行了多次交涉，最终该公司支付了3000美元的经济补偿金。

老外第一次回复：

Dear Sir,

Miss Zhang is also a part time consultant who does some work for us in China and is in the process of helping MRE set up a Chinese office (as disclosed in a formal letter to the British embassy in Shanghai in November 2007).

Mr Shen was clearly working for multiple companies and I have proof of this as he used his email address to receive documents from other companies he was working with. I have copies of these mails and documents.

Clearly Mr Shen is only interested in Money and has decided that by attacking us he will gain financially. He is also very clearly prepared to lie to you and anyone else who asks about his real position within my organisation.

I would like the following as soon as possible.

1) Proof, other than verbal, that Mr Shen was employed by Mitchell Rubber Europe Ltd.

2) The amount Mr Shen is asking for in compensation for my termination of his consultancy services.

3) ALL documents to be addressed to myself at my office address. No other communication with any other person linked to the company will be considered as

I am the legally responsible person for this company.

4) Proof that during the period he was acting as a consultant that he paid his own welfare and tax on the amount we paid him, as agreed with him.

I will also point out that Mr Shen has now been paid in full for all work carried out, including during the month of March 2008.

Many Thanks

Julian Twynham

Julian Twynham

Managing Director

我方的回复

Dear sir:

In china , labor and employee are protected by law and the relevant laws and regulations are becoming more and more strict and thorough.

If an employee has worked for an employer for a time, their employment relation has come into fact, no matter the employment agreement is verbal or in written , no matter the employee work as a amateur or full-time, this employee is governed and protected by Chinese law.

In this case , I think labor relationship have established between you and Mr. Shen , as Mr. Shen worked for you for some time and you paid Mr. Shen every month. So the compensation requested by Mr. Shen is basing on Chinese Labor law, you have no reason to deny it.

So, I propose your company to pay compensation to Mr. Shen as soon as possible.

many thanks

jiangyin chunshen law firm

zhaoqingyun lawyer

4.1.2008

老外的第二次回复

Dear Sir,

Firstly I never employed Mr Shen, I registered him in the UK and can provide you with proof that I paid him as a part time consultant.

I can also prove that he was working for other organisations at the same time as for myself.

I was pleased with his work initially but then found he spent half of his time sleeping and the rest complaining and certainly not spending full days working that I paid for.

I have already paid him for all days worked and I suggest that you come back with a sensible offer that I can accept as the agreement ended with no notice and normally in the UK we would pay a penalty for this. It certainly would not be as per your first email.

I suggest I pay him 5000 rmb and in return you confirm that this action is closed and that he accepts the fact that he was only working as a consultant (in writing and signed).

Julian

Julian Twynham

Managing Director

我方的第三次回复

Dear Sir

I think, in UK and China, the laws are very similar on labor-protecting.

The employer should pay one-month wage to the employee for the penalty, if the employer terminates the labor agreement without any notice which shoud be made one month in advance.

Also, the employer should pay at least another one-month wage for economic compensation to the employee ,when the labor-agreement is ended.

So your company should pay Mr. Shen at least two-month’ wage (that’s RMB) for the compensation. I guarantee that this action will be closed and that Mr. Shen will accept the fact that he was only working as a consultant after we have received that compensation.

Many thanks.

Jiangyin Chunshen Law Firm

No. 152 Changjiang Road, Jiangyin

Lawyer: Qingyun Zhao

86-0510-