Grassroots lawyers also have spring

Chapter 119 I Don't Recognize What You Said

"Plaintiff, since both of you have submitted complaints to this court and are dissatisfied with the labor arbitration award, in accordance with the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (11)" No.[-], If both the laborer and the employer are dissatisfied with the same ruling of the Labor Dispute Arbitration Commission and file a lawsuit in the same people's court, the people's court shall try the case together, and the two parties shall be the plaintiff and the defendant.

Therefore, your cases are joined together.Special to inform you.

Plaintiff employees, state your claims and the facts of the case. "After going through the previous procedures, the rigorous male judge said with a strong local accent.

Although he spoke Mandarin, Wang Chuan still sounded a bit strenuous.

"Judge, the plaintiff thinks that the amount of compensation awarded in the labor arbitration award is wrong. We think..." The plaintiff's male lawyer has a big face and a face full of interests. He spoke eloquently, but Wang Chuan didn't listen. How much I understand is mainly because the other party's accent is too strong!

"Okay, plaintiff, is there any discrepancy between your request and the content of the indictment?" The rigorous male judge might be a little annoyed, interrupting the plaintiff's lawyer and asking.

"No!" The plaintiff's lawyer replied simply.

"The defendant company defends!" The rigorous male judge looked at Zheng Yi and said.

"Judge, the defendant does not agree with the plaintiff's claim, nor does it recognize the labor arbitration award.

The plaintiff, as an employee of the defendant company, should abide by the employee handbook of the defendant, respect social morality, and maintain social public interests and public order.

In this case, the plaintiff and the defendant company's married male senior executives had an improper relationship between men and women, which violated social order and good customs.

In addition, in order to apply for a housing loan from the bank, the plaintiff used a male senior manager who had an improper relationship with him to obtain the "Income Certificate" that he was dissatisfied with with his actual income, and sought illegitimate benefits for himself, which has violated Article 106 of the defendant's employee handbook. Regulation……

In summary, the defendant has the right to terminate the labor relationship with the plaintiff, and the court is requested to rule that the defendant’s termination of the labor relationship with the plaintiff is legal and does not constitute illegal termination, and at the same time request the court to dismiss all claims of the plaintiff in accordance with the law. "In order to prevent the judges and clerks from hearing clearly, Wang Chuan spoke slowly and tried to enunciate clearly.

"Plaintiff, besides the "Income Certificate" and the notice of termination of labor relationship, do you have any other evidence to submit?" The rigorous male judge asked.

"No, according to the judicial interpretation of the Supreme Court, the obligation to prove the termination of the labor relationship lies with the defendant company, and we have no evidence to submit except the labor award." The plaintiff's lawyer said with a relaxed face.

In his opinion, the labor arbitration has already been adjudicated, and suing to the court is just a formality, occupying favorable terrain in advance, and the victory or defeat is already determined!

"The defendant cross-examines evidence!" said the rigorous male judge.

"The defendant does not approve the authenticity, legality, and relevance of the income certificate; it approves the authenticity, legality, and relevance of the notice of termination of labor relationship." Wang Chuan said.

"Defendant, do you have any evidence to submit?" The rigorous male judge asked blankly.

"We have already mailed the evidence materials, and there is no other evidence." Wang Chuan said.

The evidence and entrustment procedures of the case were mailed out three days before the trial, and Wang Chuan also specially communicated with the judge, and the judge had already received it.

"Is it this evidence? Please clarify the purpose of the evidence." The rigorous male judge asked with the evidence submitted by the defendant.

"yes.

Evidence 820. The defendant paid the plaintiff the salary slips of the twelve months before leaving the company by bank transfer. The plaintiff’s monthly income during the defendant’s work was up to [-] yuan and the minimum was [-] yuan. The average salary was More than [-] yuan, which proves that the income recorded on the "Income Certificate" is inconsistent with the plaintiff's actual income.

Evidence [-], the plaintiff's letter of repentance, the plaintiff admitted that she had an improper relationship with the married male executive assigned by the defendant to Suzhou Province to be responsible for the operation, and she entrusted the married male executive to do the "Income Certificate".

Evidence [-], a letter of repentance issued by a married male executive who had an improper relationship with the plaintiff, proving that he was entrusted by the plaintiff to issue a false "Income Certificate" for her to find a relationship.

Evidence [-]: The defendant has notified the labor union of the company about the termination of the labor relationship with the plaintiff, and has solicited the opinions of the labor union.The union fully agrees with the company's handling decision.

Evidence [-], the defendant's employee handbook...

……

complete! "

Wang Chuan clarified the proof purpose of the evidence one by one, and he spoke clearly and clearly.

"The plaintiff cross-examines evidence." The rigorous male judge glanced at the plaintiff's lawyer and said.

The plaintiff's lawyer frowned. He didn't expect the defendant to prepare so much evidence. Of course, his cross-examination opinions were very simple. He rejected the authenticity or relevance of the evidence provided by the defendant.Anyway, in a word, I don't recognize what you said.

"Plaintiff's lawyer, let me ask you, what is your reason for denying the plaintiff's letter of repentance?" the rigorous male judge asked.

"The plaintiff was forced to write the letter of repentance by the defendant, and it was not the plaintiff's original intention." The plaintiff's lawyer said righteously.

"Persecution? Do you have any evidence? How did the defendant persecute the plaintiff?" The strict male judge pursued him, breaking the casserole and asking the end.

"Well... there is no evidence. How can we have evidence, and the other party will not allow us to record and take pictures!" The plaintiff's lawyer clamored, as if it was reasonable.

The rigorous male judge glanced at the plaintiff's lawyer. When he continued to ask why the plaintiff's lawyer refused to admit other evidence, the plaintiff's lawyer murmured for a long time, vaguely speaking, and couldn't tell how ugly he was.

Even the clerk looked contemptuously at the plaintiff's lawyer, not to mention the judge. Of course, the judge will not reveal his attitude towards the case in court, which is also his duty.

"Defendant, let me ask you, has the employee handbook been distributed to the plaintiff?" the rigorous male judge looked at Wang Chuan and asked.

"Judge, we sent the electronic version of the employee handbook to the plaintiff's mailbox, and the plaintiff sent an email to the defendant, clearly stating that he had received the employee handbook.

Moreover, we have trained the plaintiff on the content of the employee handbook, and there is a training record signed by the plaintiff.You can look at evidence seven. "Wang Chuan said.

……

After the strict male judge questioned both the plaintiff and the defendant, the plaintiff and the defendant began the court debate.In fact, both the plaintiff and the defendant summarize their previous opinions and refute each other's views.

This kind of court debate is not like the lawyers in Hong Kong and Taiwan dramas or American dramas who come and go and engage in fierce verbal battles, but express their opinions in an orderly manner under the auspices of the judge.

Finally, according to the rigorous procedure, the male judge asked both parties to make final statements, and the trial ended with the sound of the gavel.

(End of this chapter)