Introduction to case

Zhang joined an educational technology company on March 1, 2015 as an account manager, and signed with the company a 3-year labor contract, whereby Zhang is paid RMB 8,000 each month. On June 1, 2016, Zhang resigned from the educational technology company in writing, informing the company of the intended separation on July 1. On July 1, Zhang requested to complete separation procedures with the educational technology company, which however required Zhang to enter into a non-competition agreement before consenting to separation. In the opinion that the entry into a non-competition agreement will substantially impair interests on Zhang’s part, Zhang withheld the consent. Results can be well imaged that the educational technology company refused to issue a certificate for labor contract dissolution and to undergo the transfer procedures for social security relationship. So Zhang separated at the sole discretion and no longer worked with the educational technology company. Later, Zhang applied for a job to a marketing company, which sent an offer to Zhang. But Zhang failed to be recruited due to Zhang’s failure to provide a certificate for labor contract dissolution and to undergo the transfer procedures for social security relationship. On October 1, 2016, Zhang lodged an arbitration with the arbitration commission requiring the educational technology company to issue a certificate for labor contract dissolution.

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