Grassroots lawyers also have spring

Chapter 369
"I commissioned it, and received 6000 yuan." Wang Chuan said with a smile.

"Only six thousand?" Lao Niu was a little dissatisfied.

"Director, the other party only wanted more than 4 points in total, and he hesitated for a long time." Wang Chuan said.

"Well, that's true, that guy is detainable! I have been to their company no less than five times, and I haven't signed a legal consultant until now." Lao Niu nodded.As soon as he heard that it was only such a small amount of money, he lost interest.

At ten o'clock on Monday morning, in the No.12 courtroom of Shijingshan Court, Wang Chuan was sitting in the defendant's seat, and a young female lawyer was sitting in the plaintiff's seat, who looked about the same age as Wang Chuan.Sitting next to the female lawyer was an old lady who looked five or sixty years old, with gray hair and reading glasses.

"Plaintiff, state your claims and factual reasons." A male judge wearing glasses said with a serious look.

Wang Chuan had never met this male judge, so he speculated that this male judge was new.

"The plaintiff and the defendant have a labor relationship, and the plaintiff held a financial position in the defendant's office. In November [-], the defendant dismissed the plaintiff without reason.

The plaintiff believed that the defendant's dismissal of the plaintiff constituted an illegal dismissal, and the plaintiff demanded that the defendant pay compensation of 7000 yuan for the illegal termination of the labor contract; the wage difference of not signing the labor contract was doubled, 5000 yuan. " said the female lawyer.

"Judge, the defendant didn't like me, that's why he fired me. You have to uphold justice for me!" The old lady gritted her teeth, and it seemed that she was not a person to be trifled with.

"Plaintiff, have you finished your statement?" the male judge asked.

"It's not over..." The old lady gestured with her hands in a homely posture, but when she was about to speak, she was stopped by a female lawyer.

"You can talk about it later, let the judge ask the defendant first." After the female lawyer finished speaking, she turned to look at the judge: "The plaintiff has finished his statement!"

"Defendant defends!" the male judge looked at Wang Chuan and said.

"The defendant disagrees with the plaintiff's request.

First, the defendant dismissed the plaintiff because the plaintiff made five mistakes in the course of work, which caused losses to the defendant.

Secondly, the plaintiff has already retired, and the defendant completed the retirement procedures for her in May last year.Now the plaintiff has begun to enjoy retirement benefits according to law.According to the "Regulations for the Implementation of the Labor Contract Law", the relationship between the defendant and the plaintiff is a labor service relationship, not a labor relationship.

In summary, the court is requested to dismiss the plaintiff's claim in accordance with the law.The defense is over! "Wang Chuan said.

"Now start presenting and cross-examining evidence, the plaintiff presents evidence." The male judge said.

"The first piece of evidence is the bank statement where the defendant paid the plaintiff's wages;

The second piece of evidence is the record of the defendant paying social security for the plaintiff;

The third piece of evidence is the financial statements signed by the plaintiff for the defendant.

These three pieces of evidence prove that there is an employment relationship between the plaintiff and the defendant.

The fourth piece of evidence is the dismissal text message sent by the defendant's company personnel to the plaintiff, and the dismissal notice sent through QQQ.Proof that the defendant illegally terminated the labor relationship between him and the plaintiff.The proof is over! " said the female judge.

"Defendant, you are going to cross-examine the evidence presented by the plaintiff." The male judge said.

"The authenticity, relevance and legality of the first to third pieces of evidence are recognized by the defendant, but not the purpose of the proof. The plaintiff and the defendant used to have a labor relationship, but since the plaintiff enjoyed retirement benefits, the relationship between the two parties It has become a labor relationship. That is to say, before the dismissal, the plaintiff and the defendant were in a labor relationship.

The fourth piece of evidence was accepted by the defendant, but not for the purpose of proof.The reason why the defendant terminated the labor relationship with the plaintiff was because the plaintiff had been using manual accounts and made several wrong payments to the plaintiff. Later, due to financial errors, the defendant missed paying taxes and paid more than 1000 late fees. There have been two miscalculations.

In desperation, the defendant hired new financial personnel and changed to using financial software to make accounts.In view of the loss caused by the plaintiff to the defendant, the defendant dismissed the plaintiff according to Article 12 of the company's penalty system.

Therefore, the defendant did not have any illegal dismissal at all.Cross-examination is complete! "Wang Chuan said.

"The defendant is giving evidence," said the male judge.

"The first piece of evidence is the document issued by the social security department that the plaintiff has begun to enjoy retirement benefits. It proves that the plaintiff has officially retired and enjoyed retirement benefits since June [-]. Since June [-], the plaintiff It is a labor relationship, not a labor relationship.

The second piece of evidence is that the defendant was punished by the tax authority and notified to pay late fees because the plaintiff made an error in accounting.Proof that the plaintiff caused losses to the defendant due to business capacity problems.

The third piece of evidence is the punishment system of the defendant, and the document signed by the plaintiff aware of the system.According to the provisions of No.12 of the system, the company has the right to dismiss the employee if the employee causes losses to the company exceeding 1000 yuan.It proves that the dismissal of the plaintiff by the defendant is a legal dismissal, and there is no illegal dismissal.

The proof is over! "Wang Chuan said.

"Plaintiff, please read the defendant's evidence and conduct cross-examination." The male judge raised his eyes and said.

"The plaintiff agrees with the first piece of evidence." The female lawyer and the old lady muttered a few words and then continued: "But before retirement, the two parties were in an employment relationship, and the difference of double wages should still be paid without signing the labor contract.

The second piece of evidence is that the defendant's accounts were wrong, and the plaintiff cannot be entirely blamed. The plaintiff is the finance department, but with so many people in the finance department, it is obviously unfair to place the responsibility for making the wrong accounts on the plaintiff.

The third piece of evidence is that the authenticity of the penalty notice is recognized by the plaintiff, but not for the purpose of proof.The reason is the same as in the second evidence.Cross-examination is complete. " said the female lawyer.

"Plaintiff, have you already started enjoying retirement benefits?" the male judge asked.

"Enjoy it!" The old lady looked at the judge and said.

"When did you retire, do you remember?" the male judge asked.

"It seems to be the date on the certificate issued by the social security department, last June. It was the retirement procedure that the defendant applied for me." The old lady recalled.

"Although the plaintiff has retired, the plaintiff and the defendant had an employment relationship before, and no labor contract was signed between the defendant and the plaintiff.

In addition, the financial department cannot be the plaintiff alone, so the defendant cannot put all the responsibility on the plaintiff. Seeing the judge's question about retirement, the female lawyer murmured inwardly that it was not good, and hurriedly changed the subject.

She wanted to draw the judge's attention to the illegal dismissal and the double wage difference, leading the judge by the nose.Her actions were undoubtedly a test of the judge's IQ. Although the male judge sitting above was young, the trial volume of hundreds of cases every year was not exaggerated. How could he be easily led away by the female lawyer.

"The plaintiff has retired, so it should be handled according to the labor relationship, and the labor relationship between the two parties has ended since the date of retirement.

The plaintiff is in charge of financial work at the defendant's office, if there is a problem with the accounts, if you don't look for her, why should you look for the gatekeeper? Seeing the female lawyer messing around, Wang Chuan hastily argued.

(End of this chapter)