Grassroots lawyers also have spring

Chapter 319 What's the picture!

"Actually, you can apply for legal aid, and they will entrust a lawyer to handle the case for you for free." Wang Chuan thought for a while.

He wanted to help the woman in front of him save money. If there is free one, there is no need to pay for it. The family does not have a mine, so it burns too much money!
"I went to ask, and they said that the situation like my family does not meet the conditions of legal aid, and legal aid cannot be provided." The woman said with a bitter face.

"Well, wait a minute, I'll ask the office for instructions." After Wang Chuan finished speaking, he took out his mobile phone and dialed Lao Niu's number: "Director, I met a client here. His family is very difficult, and her husband has been laid off. Yes, ... yes, the client was fired from the company, ... um, okay."

"I asked the director for instructions, and the office agreed to only charge you five hundred yuan to represent you in the labor arbitration case." Wang Chuan said.

Originally, Wang Chuan wanted to tell Lao Niu that he was a free agent, and he should be doing a good deed. In the words of Fatty Wan, this is called doing good deeds and accumulating merit.

But Lao Niu reminded Wang Chuan that no one would cherish those who come for nothing, and they might raise a lot of enemies, so the lawyer's fee still has to be charged, but the discount can be more severe!

"Thank you, thank you!" With tears in her eyes, the woman bowed and thanked again, making Wang Chuan's heart instantly filled with a sense of accomplishment.

"I'll take you to the law firm to sign the contract right now, come with me!" After speaking, Wang Chuan rushed to the law firm with the woman in his bag.

Standing behind them, Zhang Dahuyou was puzzled: Five hundred yuan for a case?What are you drawing!

Early the next morning, Wang Chuan walked into the gate of the Shijingshan Labor Arbitration Commission. The client, that is, the woman from yesterday, stood at the gate and did not go in.

"Aren't you going to the trial?" Wang Chuan asked in a daze.

"I'll wait for your news here!" the woman said.Wang Chuan could see that she was very nervous.

The arbitrator is a skinny woman. Her body looks like she is severely malnourished. She is so thin that a gust of wind could blow her away!
"Has Zhao Xiaohua come?" the skinny female arbitrator glanced at Wang Chuan and asked.

"I'm her agent, she can't come if she has something to do," Wang Chuan said.

"Applicant, state the labor arbitration request and factual reasons!" said the skinny female arbitrator.

Wang Chuan was really afraid that the skinny female arbitrator talked too much and fainted due to hypoglycemia in the middle of the court session!
"First, the applicant requests to revoke the dismissal notice issued by the respondent; second, the applicant requests to restore the labor relationship..." Wang Chuan picked up the agency statement and began to read.

"You don't need to read the applicant's attorney. Has there been any change in the applicant's request and factual reasons? If there is no change, submit the attorney's statement after the court session." The skinny female arbitrator said.

"Okay, no change." Wang Chuan said.

"The respondent defends!" said the skinny female arbitrator.

"The respondent did not agree with the applicant's request, and the reason why the applicant was dismissed was that the applicant violated the policy and gave birth to a second child without obtaining a birth certificate.

We are a state-owned enterprise and must strictly abide by national policies, so the company dismissed the applicant with the consent of the labor union.The defense is over! "The company's agent is a female legal officer with delicate features but sharp eyes.

"The applicant has to provide evidence!" said the skinny female arbitrator.

"The first evidence labor contract proves that there is a labor relationship between the claimant and the respondent. The claimant's job at the respondent is a production worker.

The second piece of evidence, the dismissal notice, proves that the defendant illegally terminated the labor relationship.The proof is over! "Wang Chuan said.

"Respondent, cross-examine!" The skinny female arbitrator said routinely.

"The first evidence is approved; the authenticity of the second evidence is approved, but the purpose of the proof is not. The respondent fired her because the applicant violated the policy, and there is no illegal dismissal." The female legal officer said.

"Respondent, do you have any evidence to submit?" asked the skinny female arbitrator.

"Yes, the first one is a diagnosis certificate, which was submitted by the applicant to the respondent, proving that the applicant illegally conceived and gave birth to a second child without obtaining a birth permit.

The second is the company's rules and regulations, and the applicant has signed to confirm his knowledge of the system.The rules and regulations clearly stipulate that female employees who violate national policies are serious violations of discipline, and the company has the right to dismiss them. " said the female legal officer.

"Applicant, cross-examination!" The skinny female arbitrator looked at the diagnosis certificate and handed Wang Chuan a copy.

"The authenticity of the first piece of evidence is approved, but the purpose of the proof is not.

What is illegal pregnancy?There is no legal term for illegal pregnancy at all.

Neither the law nor the local regulations issued by the imperial capital stipulate that employees violate the policy, and the employer can dismiss the employee.Therefore, the respondent's statement has no legal basis.

The legality of the second evidence is not recognized, and the terms of the rules and regulations are neither reasonable nor legal. "Wang Chuan testified.

"The debate will start now, and the applicant will express his opinion." The skinny female arbitrator said.

"The applicant believes that both the "Labor Law" and the "Labor Contract Law" stipulate that female employees in the third period (pregnancy, childbirth, and breastfeeding) are protected by law, unless it is a serious violation of the company's regulation system, otherwise the employer The labor contract shall not be terminated.

In addition, the "Women's Rights and Interests Protection Law" also stipulates that no employer may reduce the wages of female employees or dismiss female employees due to marriage, pregnancy, maternity leave, breastfeeding, etc.

The law's protection of female employees during the third period is based on the objective facts of the third period of female employees, and does not distinguish whether the childbirth of female employees complies with laws and regulations.

If a female employee violates the law, she should bear the corresponding administrative punishment, and this situation should not be a reason for the employer to terminate the labor relationship..." Wang Chuan said the debate prepared last night.

"The respondent made an argument!" the skinny female arbitrator said with a blank expression.

"The respondent believes that the applicant has violated the birth policy, and the employer has the right to dismiss him. Moreover, there are relevant provisions in the respondent's rules and regulations. The applicant has constituted a serious violation of discipline, and the company has the right to dismiss him. .” said the female legal officer.

"The applicant's attorney, let me ask you, how many children does the applicant have?" asked the skinny female arbitrator.

"Two children." Wang Chuan said.

"Are both children healthy? Are there conditions that would allow a second child?" asked the skinny female arbitrator.

"According to what I have learned, no!" Wang Chuan said.

Wang Chuan understood what the arbitrator meant. If the eldest of the applicant's family had some legally prescribed diseases, he would be allowed to have a second child. But he had never heard the client mention it, so naturally he couldn't make it up.

(End of this chapter)