Grassroots lawyers also have spring

Chapter 409 It's All Mishaps!
"Well, the operation mode of Lu's head office is like this. Their company has the qualification of labor dispatch, so many customers will seek cooperation with them in order to avoid the risk of labor employment." Du Wenhui looked at Wang Chuan and said.

"It's a small business! It's just for a living!" Mr. Lu laughed.

"Well, I see that there are quite a lot of items requested by the employees. First, it is required to confirm that the applicant has a labor relationship with your company from June [-] to July [-], [-];

Second, demand compensation of 4000 yuan for the illegal termination of the labor contract; third, untaken annual leave wages, a total of five days, 450 yuan and seventy-seven cents.

Fourth, overtime wages on weekends, and fifth, overtime wages on statutory holidays.Sixth, require the employer to bear joint and several liability. "Wang Chuan looked at the application and said.

"Mr. Lu, let me ask, how much is the monthly salary of this employee surnamed Tang?" Wang Chuan continued.

"It's 2000 yuan a month. It's all negotiated between the customer and the employee, and I don't care. I only charge 30 yuan per month as a transfer fee." Mr. Lu said.

"Have you signed a labor contract with the dispatched employees?" Wang Chuan asked.

"No, I don't sign contracts with them. I only sign contracts with clients. Anyway, their wages are not short. They don't have so many things to do." Mr. Lu said carelessly.

"That's not what you said. Didn't this employee surnamed Tang arbitrate the company's labor?" Wang Chuan said.

"Then what... Does it matter if you sign the contract or not? This case?" Mr. Lu worried.

"According to the provisions of the Labor Contract Law, employees must sign a labor contract within one month after joining the company, otherwise the company will have to pay twice the wage difference," Wang Chuan explained.

"Ah? I still have to pay!" Mr. Lu said in surprise.

"However, there is no need to pay in this case, because this employee has worked in your company for more than three years, and the statute of limitations has passed. Even if the other party asks for the double salary difference without signing the labor contract, it will not be supported.

We're here, I'm just reminding you. "Wang Chuan said.

"Oh, it's fine if you don't need to give money, I thought I would have to pay again." Mr. Lu said with a sigh of relief.

"Let Attorney Du give you a set of labor contracts specially for our labor dispatch, and then ask the employees to sign them all. For you, it is just a few more contracts, but it can avoid unnecessary risks." Wang Wang Chuan Road.

"Mr. Lu, I will send you a contract when I go back." Du Wenhui said.

"Okay, thank you. The lawyer I hired never mentioned this before, and I thought everyone did it!" Mr. Lu finished speaking, and continued: "In this case, the other party asked for a lot of money. The court can Do you support it?"

"Now it is the stage of labor arbitration, and the other party wants to confirm the labor relationship. Judging from the evidence materials provided, there is no big problem.

The compensation for the other party's illegal termination of the labor contract is calculated at [-] a month. After working for three and a half years, it is almost the amount they want.

Annual leave salary depends on our evidence. If the other party has not taken annual leave, the probability of being supported is high.

As for overtime wages on weekends and overtime wages on legal holidays, judging from the existing evidence, they did not provide any strong evidence, and it is very likely that they will not be supported.

Moreover, the law only requires the company to keep attendance and salary records for the past two years. It doesn’t matter if the company does not provide attendance and salary records for more than two years. There is no mandatory requirement in law, and employees need to provide evidence.You see what I mean! "Wang Chuan said.

"Oh, the overtime work of all dispatched employees is carried out in accordance with the customer's rules and regulations. I don't think I have taken annual leave. All attendance is kept by the customer. I don't have anything in my hand.

According to what you just said, we will lose this lawsuit! "Mr. Lu thought for a while.

"Well, you can think so." Wang Chuan nodded.

"Is there any way?" Mr. Lu asked.

"It's all flawed! There is no way to avoid the risk!" Wang Chuan said.

"A lawyer gave me an idea before, asking me to beat him to death without admitting that I sent him out. Anyway, I haven't signed a labor contract." Mr. Lu said.

"Who pays for the employees' social security?" Wang Chuan asked.

"It seems to be me. At that time, the customer asked me to pay for it out of trouble. It seems that I charged each employee an extra [-] yuan in handling fees!" Mr. Lu said.

"So! Your company can't get away with it, but fortunately, your company's contract with the customer stipulates that the customer should bear the compensation and economic compensation that should be paid for the dismissed employees.

If you paid the relevant fees, you can recover from the customer.Of course, if your company still has business dealings with this customer, you have to think carefully about whether to pursue compensation.

Although there is no agreement on annual leave, there should not be much money in this area. "Wang Chuan said.

"What other business relationship is there! This client has given all the work of labor dispatch to a third party and outsourced it. We will not have any business relationship in the future." Mr. Lu said.

"Then it doesn't matter. After the labor arbitration or the court decides, you can directly sue with the contract and ask the customer to bear the corresponding responsibility. If the other party refuses to accept the account!" Wang Chuan said.

"Well, I think so too." Mr. Lu nodded and said, "If you entrust this case to you, how much will the lawyer's fee be?"

"Your case is not complicated, and you are our consultant unit. We will charge a procedure fee of 6000 yuan for this labor arbitration! If there is a first trial, the lawyer's fee will still be calculated at [-] yuan; if there is a second trial, the lawyer's fee will be [-] yuan Calculate." Wang Chuan said.

"Okay! This case will be done for you. All the materials are here, you can take them back, and I will arrange for someone to pay the money immediately." Mr. Lu said.

"Mr. Lu, this is the entrustment contract. I will fill in the lawyer's fees and relevant information. You can review it later." As he spoke, Du Wenhui took out two entrustment contracts and power of attorney and other formalities. After filling them out, he handed them to Mr. Lu.

"You don't need to look at it." President Lu finished speaking, and made a call: "Come to the meeting room immediately and bring the official seal."

Not long after, a woman in her 30s came in with a cloth pocket.

"Xiao Li, our labor arbitration case is entrusted to Lawyer Wang and Lawyer Du, and you go through the formalities." Mr. Lu finished speaking, looked at his watch, got up and said, "Lawyer Wang, Lawyer Du, I have a client who wants to I'll go see you, I won't accompany you, if you have something to do, just talk to Xiao Li directly."

"Mr. Lu, you are busy with your work. You don't need to accompany us." Wang Chuan got up and smiled.

"Lawyer Du, where are the seals stamped?" A woman in her 30s asked after Mr. Lu went out.

Lawyer Du has always been in charge of this company, so the woman called "Xiao Li" is very familiar with Lawyer Du.

After completing the entrustment procedures, Wang Chuan and Du Wenhui left the company.

(End of this chapter)