Grassroots lawyers also have spring

Chapter 288
"The first evidence, the labor contract, was approved by the defendant.

The authenticity of the bank transfer record of the second evidence is recognized, but the purpose of the proof is not recognized. The plaintiff’s salary is not [-] yuan. The plaintiff worked overtime in that month, so the amount was higher than the labor contract, and the overtime wage amount was listed on the salary slip.

The authenticity of the notice of termination of the labor relationship of the third evidence is recognized, but the purpose of the proof is not recognized, and this evidence cannot prove that the defendant has illegally terminated the labor relationship.

The fourth piece of evidence is not admissible. The defendant has already moved to the new office area in Haidian District, and the lease term of the office in Daxing has expired.Moreover, the defendant once sent a notice to the plaintiff, asking him to go to work in the new office area.However, the defendant refused to go to work and did not ask for leave from the defendant, so absenteeism occurred. "Wang Chuan said.

"The defendant presents evidence." The thin and tall male judge put down the evidence submitted by the plaintiff and said.

"The first piece of evidence is the lease contract of the defendant's new office address and the information on industrial and commercial changes. It proves that the defendant has moved to Haidian District as a whole and is no longer in Daxing District.

The second piece of evidence is the notice of change of work address delivered by the defendant to the plaintiff, and the plaintiff has signed and confirmed the receipt, which proves that the plaintiff knows that the defendant will move to Haidian District.

The third piece of evidence, two notarized certificates, is that the notary office notarized the notice urging the plaintiff to arrive at the post delivered by the defendant to the plaintiff by EMS.It proves that the plaintiff knows that the defendant has moved to a new office address, and the defendant has urged the plaintiff to come to work twice.But the plaintiff ignored it, and the defendant had no choice but to terminate the labor relationship with him. "Wang Chuan said.

"Plaintiff, cross-examine!" The tall and thin judge looked at the plaintiff's attorney and said.

"The first piece of evidence...is recognized for its authenticity, legality, and relevance." The woman in her 50s had to admit it when she looked at the original and copy of the lease contract and the copy with the special seal of the industrial and commercial department for checking files.

Even if the lease contract is fake, the industry and commerce inspection information cannot be fake, besides, she has already visited the defendant's new office address on the spot before.

"The second piece of evidence...the authenticity, legality, and relevance are all recognized." The woman in her 50s frowned, and the receipt had the plaintiff's signature on it, which was no different from the plaintiff's signature when she signed the entrustment formalities.

"The third piece of evidence is authenticity, legality, and relevance." Everyone has done a notarization, and the original of the notarized document is right in front of them. How can a woman in her 50s be ashamed not to approve it.

"Plaintiff, let me ask, since the defendant sent you a notice, why didn't you go to work? Is there any reason?" The tall and thin man looked at the plaintiff's attorney and asked.

"Judge, it's not that the plaintiff didn't go. When the plaintiff joined the company, the defendant's place of work was in Daxing. Now the defendant should negotiate with the plaintiff to change the place of work. You can't unilaterally change the place of work as agreed in the contract." The woman in her 50s argued.

"So the plaintiff's reason for not going to work is that the defendant did not agree with the plaintiff to change the place of work?" said the thin and tall male judge.

"Yes." The woman in her 50s said.

"However, I see that the labor contract signed by the plaintiff and the defendant did not clearly stipulate that the place of work is in Daxing, right? It just stipulated the place of work in the imperial capital." The tall and thin man looked through the labor contract and said.

"Yes, but the plaintiff and the defendant mainly considered working in Daxing, and he has been working in Daxing for so many years. Therefore, it should be acquiesced that the place of work determined by both parties is in Daxing." The woman in her 50s argued.

"Defendant, why do you want to change the place of registration?" the tall and thin man asked.

"Judge, because the defendant's business is developing rapidly, the original office space is not enough, and it is far away from customers, so the defendant has changed to a new address in order to better develop the business.

We believe that changing the registered address is the legitimate right of the defendant, and the defendant has the right to change the office address according to business needs. "Wang Chuan said.

"Whether the defendant's new office address will make it difficult for the plaintiff to perform the labor contract, has the defendant considered it? Has he taken any compensation measures?" The tall and thin judge looked at Wang Chuan.

"According to the address provided by the plaintiff when he joined the company, we checked it with Baidu Maps. It took about 30 minutes from the plaintiff's home to the old office address in Daxing, and it took about 10-[-] minutes to an hour to the new office address. This is still during the rush hour. time period.

We believe that in a super-large city like Imperial Capital, the plaintiff only needs about an hour to reach the defendant's new office address, and there is no obstacle for the plaintiff to go to work, and the defendant does not need to provide any compensation.

The plaintiff's reluctance to go to work was entirely out of his subjective will, and should be deemed absent from work!
Judge, this is the Baidu road map we printed, take a look! "

What Wang Chuan meant was very clear. Working in the imperial capital is nowhere close. An average one-and-a-half-hour drive is normal commuting time.It's too far to get to work in an hour, so let's just build the subway to his bed!
The thin and tall male judge took the printed Baidu map from the clerk, and couldn't help frowning: I have to commute to work for nearly two hours every day, and one hour is not far!
"Judge, the defendants didn't all move away, leaving some intelligence departments behind. The plaintiff could have been assigned to other departments and stayed in Daxing to work, but the defendant didn't do that, and fired the plaintiff directly." The woman in her 50s argues road.

"Defendant, have all your companies moved out?" The tall and thin judge looked at Wang Chuan again.

"Judge, the company has basically moved away. Because the warehouse in Haidian hasn't been found yet, the company's goods are temporarily left in Daxing. The defendant's warehouse department left two warehouse managers working in Daxing. But it will be moved later.

The plaintiff's position is an administrative post, and all administrative and personnel personnel have moved to Haidian, and the defendant cannot provide the plaintiff with a job in Daxing. "Wang Chuan said.

"Plaintiff, the defendant urged you to come to work, but you haven't been there, have you ever asked for leave? If so, submit evidence!" The tall and thin man looked at the woman in her 50s and said.

"Judge, the plaintiff has raised it verbally. There is no evidence." The woman in her 50s scrambled forward.

"Defendant, have you ever received the plaintiff's application for leave? Whether it's oral or written!" said the thin and tall male judge.

"We have never received any leave application from the plaintiff, whether it is oral or written." Wang Chuan insisted.How could he leave the other party with a chance to come back.

"Okay, the court investigation is over, and the plaintiff's argument will begin now," said the lanky male judge.

……

When Wang Chuan walked out of the gate of Daxing Court, it was past twelve o'clock, and he talked bitterly all morning. At this time, he felt that his whole body was about to collapse.

He took out his mobile phone and turned it on (the mobile phone had been turned off during the trial), and suddenly the mobile phone issued a notification tone and there was a text message.

(End of this chapter)