Since I posted my "Labor Arbitration Memoir," many netizens have asked me: Did you hire a lawyer? And "I experienced a layoff situation like XX — should I hire a lawyer?"
Actually, whether to hire a lawyer depends on individual circumstances. I'll share my humble opinion from the following dimensions.
Are you price-sensitive?
To be honest, when many people ask whether to hire a lawyer, I think the core issue is money. If a lawyer said, "I'm doing charity — for labor arbitration cases, I only charge 100 yuan, and I guarantee to do my best and see it through to the end," would you hire one? Of course you would!
Is your salary high? Is the amount involved large?
Suppose your monthly salary is 20,000 yuan, and you've worked at the company for 5 years. The company, without any reason, wants to fire you immediately and refuses to pay compensation. This is clearly illegal dismissal. As we discussed last time, the company should compensate you with 2N, i.e., 10 months' salary, which is 200,000 yuan.
200,000 yuan is no small amount. If you go to a lawyer, it's normal for them to charge you 10,000 to 20,000 yuan in legal fees, because your salary is high! The compensation is large! You might say, "Lawyer bro, I can pay 20,000, but can you guarantee I'll win?" The lawyer would say, "My professional ethics tell me I cannot guarantee the outcome to the client." But even so, you don't need to worry about the 20,000 going to waste — because you should be able to judge whether it's an illegal dismissal. If it is, you can win. If arbitration doesn't go your way, you can appeal, right?
You might begrudge the 20,000 legal fee, but consider that your salary is decent, and your time might be more valuable.
Now suppose your salary is 3,000 yuan, and you've worked for the company for one year. The company again fires you immediately without compensation. The company also needs to pay you 2N for illegal dismissal — that's 6,000 yuan. If you go to a lawyer, they'd probably charge you at least 2,000–3,000 yuan in legal fees. After all, during the arbitration stage, you have to make several trips: the lawyer needs to go in person for filing, for evidence exchange, for the hearing. The ruling can be served electronically, but you'd still need to go at least two or three times. Is 3,000 excessive?
So, if your salary is high, you might consider hiring a lawyer to save time and create more income. If you're just starting out in society with a low salary, and the amount involved is very small, hiring a lawyer may not be so cost-effective. Still, you could hire one to save time and do more valuable things — improve yourself and increase your salary.
Is your case complicated?
Since my experience involved a fairly clear case of illegal dismissal, I felt the case was straightforward — the legal basis in the Labor Contract Law was clear. I was confident, so I handled the arbitration myself. I won the arbitration, the company appealed to the first trial, and I won again. The company appealed again to drag things out, and it's still being processed.
If you encounter a more complex labor dispute that you can't figure out on your own, but you want to "fight for justice" and protect your interests, then you should hire a lawyer. Let professionals handle professional matters. Plus, if a lot of money is involved, that's even more reason to do so.
Do you have the conditions to handle arbitration yourself?
If you plan not to hire a lawyer and do it yourself, consider whether you have the conditions to handle arbitration yourself. I think there are two conditions:
- Do you have a certain level of education — for example, basic writing, reading, certain verbal expression and logic skills?
- Do you have about 5 half-days available (weekdays, not weekends)?
- Can you accept that arbitration might take about a year (you only need to go 4–5 times, the rest is waiting)?
The first point is easy to understand — it means you can look up relevant legal provisions, organize your thoughts, and either consult a lawyer on Taobao for 20 yuan for 30 minutes, or call 12348 or 12368 for free legal assistance. Then prepare the relevant materials yourself, understand the staff's requirements, and follow the procedures.
The second point is that as ordinary workers, we usually work Monday to Friday and rest on weekends. We save our annual leave for the Spring Festival and are reluctant to use it otherwise. If you want to handle arbitration yourself, you need to take leave on a weekday or schedule a day off to go. So whether you have leave to take and can actually get time off is also a problem. This time cost is unavoidable.
Other
I know the situations I've described above cover most people's cases, but not everyone's. For example, at the Labor Arbitration Court, I saw two migrant worker uncles who couldn't even write, couldn't read or organize information online, and either couldn't afford or were unwilling to hire a lawyer. What could they do? They just had to go to the arbitration court on their own.
Or, you might be a person with a strong personality — you simply refuse to back down and want to do it yourself. Or, you might be like me — wanting to save money while also getting the full arbitration experience, prepared for any outcome. Welcome to join my ranks.
In short, whether to hire a lawyer for labor arbitration depends on your individual circumstances. I can only offer my limited advice; you need to decide based on your situation. May there be no labor arbitration in the world! (But that's impossible — many companies exploit loopholes, and in my area, arbitration cases are so numerous that the process takes a very long time.)