Grassroots lawyers also have spring

Chapter 416 Low-level mistakes
It is said that the woman's family has a house in the emperor. After marriage, Hao Renyuan and his wife settled down in the village of Emperor Buhui. The wedding this time is nothing more than a formality.Announce to the villagers that the eldest son of the Hao family is married.

Hao Renyuan is a dutiful son, and the dowry money is his savings over the past few years.Originally, he didn't want his family to spend too much on his marriage and burden his parents.

But Hao Renyuan was the eldest in the family, and his parents didn't want to hold the wedding quietly, which would make the villagers look down on him.After the old couple discussed it, they decided to hold a wedding for their son, even if they ate bran swallowed vegetables, they would not let the villagers look down on them.

Wang Chuan is a bachelor who is worrying about having nowhere to go during the October [-] holiday, so he happens to come over to help.Fatty Wan wanted to repay favors, so he worked very hard.

What everyone didn't expect was that Zheng Yi was more proactive than others. At first Hao Renyuan secretly lamented that Lawyer Zheng was so kind, but later found out that he ran out to hide from his wife and go back to her mother's house.

Every holiday, Zheng Yi’s family will go back to his mother-in-law’s family for the holidays. He is a coolie at his mother-in-law’s house, and he does all the dirty work. There is no way to make his family poor. Woolen cloth.It made him more tired after a festival than going to work on weekdays.

This time when I heard that Hao Renyuan was getting married on October [-]st, Zheng Yi was so excited, even more excited than Hao Renyuan, that he could finally get out of the sea of ​​suffering for a while!

On the first day back from the October [-] holiday, Wang Chuan went to the No. [-] Intermediate Court to talk about Zhou Zheng's case.When he came out of the No. [-] Intermediate People's Court, he received a call from the Haidian Court, saying that the Ganlan labor dispute case would start in two weeks.

On this day, Ouyang De followed Wang Chuan to the Haidian Labor Arbitration Commission, and the case of Shen Datou Company started today.

The labor arbitration hearing was held, but the claimant did not appear in court, so she entrusted two lawyers to appear in court to represent her case.The two lawyers sitting on the applicant's seat talked and laughed happily, very imposing, and looked like they were sure of winning.Seeing two young lawyers sitting opposite, they pursed their lips and didn't take Wang Chuan and Ouyang De seriously at all.

The arbitrator is a man in his 30s who looks like he is in his 40s. His hairline shows obvious signs of receding. Wearing a pair of black-rimmed glasses, he looks very mature.

"Respondent, tell me your defense." The arbitrator with black-rimmed glasses looked at Wang Chuan and said calmly.

"We disagree with the applicant's request for three reasons.

The first point is that the applicant is the respondent's deputy general manager. The business in charge includes labor and personnel, and it is her duty to urge employees to sign labor contracts.

Dozens of people in the company have signed the labor contract, but she did not sign it.

The second point is that according to the materials provided by the applicant, the applicant applied for resignation by herself, and the two parties signed an agreement, and she was not the one who was dismissed by the applicant.Therefore, there is no legal basis for the claimant to claim compensation for the illegal termination of the labor contract.

The third point is that employees of the respondent must be approved for overtime work, and the respondent has an overtime approval system, which was drafted by the applicant, and the applicant has never asked the respondent for overtime approval.

In addition, the applicant is the vice president of the respondent, and is a senior management personnel. According to the regulations of the Imperial Capital, senior management personnel implement an irregular working hours system. There is no overtime pay, so naturally there is no overtime pay.

The defense is over! "Wang Chuan said.

"Now start to present evidence and cross-examination. The applicant will present evidence!" the black glasses arbitrator said
"The first piece of evidence, the record of the respondent's payment of wages to the applicant, proves the labor relationship between the applicant and the respondent, and the applicant has worked for the respondent for a total of nine months.

The second piece of evidence is the weekly report submitted by the claimant to the respondent, which proves that the claimant is under the management of the respondent, is an employee of the respondent, and there is a labor relationship between the two parties.

The third piece of evidence, the dismissal agreement of the respondent dismissing the applicant, proves that the respondent dismissed the applicant without reason, which constitutes an illegal termination of the labor contract.

The fourth piece of evidence is the labor contract sent by the claimant to the respondent, which proves that the claimant once asked the respondent to sign a labor contract with him, but the respondent has not signed the labor contract, and the failure to sign the labor contract is the reason of the respondent Caused.

The fifth piece of evidence, the check-in record, proves that the applicant has been working overtime since joining the company, but the respondent has never paid overtime wages.

The proof is over! "The applicant's lawyer, a thin male lawyer wearing a pair of gold-rimmed glasses, said loudly.

Before the trial, Wang Chuan didn't know that the applicant had hired a lawyer. He thought it was him who came to the trial, but when he went to the Labor Arbitration Commission, he found out that the other party had hired two lawyers, and they were senior lawyers from a large firm with the largest number of people in the imperial capital.

After listening to the other party's lawyer's testimony, Wang Chuan felt a little more at ease. The other party did not present any new evidence.

As far as the other party's evidence is concerned, there are obviously several mistakes. For example, the dismissal agreement, called the dismissal agreement, is actually the result of negotiation between the two parties. It is obviously inappropriate to use this agreement as evidence of illegal termination of labor relations. Wang Chuan felt that this was not a mistake that a senior lawyer should make.

He speculated that either the lawyer did not study the case carefully, or he did not often deal with labor dispute cases, otherwise he would not have made such a low-level mistake.

To put it bluntly, it's like doing a math problem. If you don't review the questions carefully, you will write the answer when you come up. The result can be imagined.

"The respondent defended! I would like to remind the respondent's agent to try to be as concise as possible, and not to repeat at length." The arbitrator with black-rimmed glasses reminded Wang Chuandao.

"The authenticity, relevance, and legality of the first piece of evidence are recognized, and the claimant has indeed worked for the respondent for nine months.

The authenticity, relevance, and legality of the second evidence are recognized, and there is indeed a labor relationship between the two parties.

The authenticity, relevance, and legality of the third evidence are recognized, but the purpose of the proof is not recognized.

The dismissal agreement stated that due to the applicant's personal reasons, the two parties reached an agreement that the applicant resigned, and the respondent's general manager paid the applicant 1 yuan (already paid) as compensation. It can be seen that the applicant's resignation was voluntary, and The respondent has already paid 1 yuan in compensation, which does not constitute an illegal termination of the labor contract.

The fourth piece of evidence is not admissible. The applicant sent the labor contract to the respondent’s QQ group on the day before his resignation, and nine months have passed since the applicant joined the job.It is obviously unreasonable for the applicant to send the labor contract for signature at this time.

The claimant's action can also prove that its failure to sign the labor contract is not the reason of the respondent, but is caused by its own reasons.

The fifth piece of evidence is not recognized. The check-in record can only prove that the applicant left late, but it does not prove that he is providing labor for the company. It does not rule out the possibility that the applicant chats at the unit after get off work, or watches videos or movies.

Moreover, the respondent has strict regulations on overtime work, and overtime work must be approved.The applicant has not submitted any overtime approvals.

Cross-examination is complete! "Wang Chuan cross-examined each other's evidence one by one.

(End of this chapter)