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Chapter 421 Judge Questions
"The second piece of evidence, the salary table of the defendant's employees, is not recognized for its authenticity and relevance. The salary of the plaintiff's position is 1 yuan, and the salary of other positions cannot represent the salary level of the plaintiff's position. Moreover, judging from the current market , The salary of similar positions is not less than 1 yuan.

Cross-examination is complete! "Wang Chuan said.

"Attorney for the plaintiff, let me ask, did the plaintiff have graduated when he entered the job?" The short-haired female judge looked at Wang Chuan.

"Graduated! The plaintiff graduated in February [-], that is, before the defendant entered the job. We have a graduation certificate with the specific graduation date on it." Wang Chuan said, combining Gan Lan's graduation certificate and Two copies were given to the judge.

The copy and the original of the graduation certificate were handed over to Wang Chuan by Gan Lan before the trial, because the other party insisted that she was an intern. Out of professional sensitivity, Wang Chuan had to guard against it, but he did not expect to use it today.

"Defendant's attorney, you have always said that the plaintiff joined the company as an intern. Besides the evidence already submitted, do you have any other evidence?" asked the short-haired female judge.

"Well... not yet!" Lawyer Zhao hesitated and said.

"Defendant's attorney, why did a graduate student with a master's degree who has graduated for more than half a year come to the company for an internship? The labor remuneration for the internship is very different from the salary of the official company. Can you explain?" The short-haired female judge looked puzzled. asked.

"This... let's go back and ask, we don't know." Attorney Zhao's brows frown, he really can't explain this question.

If a student who is studying in graduate school goes to a securities company for an internship, everyone can understand and make sense, because many companies have such interns.

School students go to companies for internships to increase social practice, not to make money, so the labor remuneration for internships is very low. In judicial practice, courts generally determine that there is a labor relationship between school students and companies, rather than labor relations.

But as a graduate student who has graduated from another province, shouldn't Gan Lan first consider the issue of survival in the imperial capital?Selfless dedication may happen to Bei Piao, but it will never happen to her, and she will not make selfless dedication to a well-capitalized and tall financial institution.

Lawyer Zhao has a bit of professional ethics and doesn't make up nonsense!
"Defendant, let me ask again, is the Manager Hu in the Qoukou chat records in the evidence provided by the plaintiff an employee of the defendant?" asked the short-haired female judge.

"Yes, they are employees of the defendant." Both Wang Chuan and Ouyang De had met Manager Hu before, and Lawyers Zhao and Huang couldn't hide it for him or make false statements.

"What department does Manager Hu belong to? What is his position?" the short-haired female judge asked.

"He's the person in charge of the finance department." Lawyer Zhao said.

"What is his relationship with the plaintiff?" The short-haired female judge chased after him.

"The plaintiff is an intern, so he will manage it!" Lawyer Zhao tried his best to clarify the relationship between the plaintiff and the defendant.

At this time, Lawyer Zhao had sensed something was wrong from the judge's questioning, and it seemed that the judge had already made a certain judgment on the case.

"Defendant, are the employees' salaries you provided from the Finance Department?" the short-haired female judge then asked.

"One is, and the others belong to other departments." Lawyer Zhao said.

"That's from the Finance Department? Is it the third finance department clerk on the list? 6000 yuan a month..." the short-haired female judge asked.

"Yes!" Lawyer Zhao said.

"What is the salary standard for related positions in the financial department?

Forget it!After the court hearing, you submitted to me a document prepared by the defendant on the salary standards for relevant positions in the Ministry of Finance. " said the short-haired female judge.

"This... the content you requested is the defendant's confidential documents and business secrets, which need to be approved by the company!" Attorney Zhao wanted to evade this matter on the grounds of business secrets.

"You can rest assured that our court has relevant regulations and will not disclose the defendant's salary system to third parties!" After finishing speaking, the short-haired female judge stared at Lawyer Zhao and said, "Don't tell me that a securities company as big as the defendant has a salary system." nothing!"

"Judge, the defendant did not recruit the plaintiff, nor did he manage the plaintiff's employment in accordance with the labor relationship.

During the plaintiff's internship period, the defendant did not pay her a salary, did not require her attendance, and did not set a probationary period for her.There is no labor relationship between the plaintiff and the defendant. Attorney Huang said hurriedly. He wanted to ease Lawyer Zhao's embarrassment.

"I didn't give you a penny for eight months, so that can be an excuse!? Ridiculous!" Ouyang De laughed when he heard Lawyer Huang's words.

Lawyer Huang in the dock was obviously not as experienced as Lawyer Zhao. When he heard Ouyang De's words, he was furious and wanted to argue, but was stopped by Lawyer Zhao.

Wang Chuan glared at Ouyang De.

The short-haired female judge glanced at Ouyang De, didn't say anything, but her eyes showed dissatisfaction, and then reminded the defendant's attorney: "Defendant's attorney, I don't need to remind you of the principle of proving evidence for whoever claims it!

Provide the salary standards of relevant positions in the Finance Department under the court, and the head office must seal and confirm.If not provided, the defendant will bear the legal risk of not being able to prove. "

"Okay, I'll go back and talk to the company." Lawyer Zhao said helplessly.

"Attorney for the plaintiff, what is the position of the plaintiff in the defendant?" asked the short-haired female judge.

"Operation and comprehensive post, there is a nameplate on the photo of the station provided before!" Wang Chuan said.

"Plaintiff's attorney, how did you calculate the compensation you requested and the double wage difference?" the short-haired female judge asked.

"Based on a monthly salary of 1 yuan, the plaintiff has worked at the defendant's office for eight months and has not been paid, so the wage arrears is 8 yuan;

After the plaintiff joined the company, the defendant should sign a labor contract with the plaintiff within one month, with one month deducted in eight months, and seven months left. The double wage difference without signing the labor contract is calculated based on seven months, a total of 7 yuan;

The plaintiff worked for a total of eight months. According to the provisions of the "Labor Contract Law", if he worked for more than half a year but less than a year, he was dismissed and paid economic compensation at the rate of one month's salary. The compensation is twice the economic compensation, so the compensation is 2 yuan.

The above is our calculation standard! "Wang Chuan said.

"Plaintiff and defendant, every sentence you say in court must have a legal basis and be supported by evidence. You are all lawyers, so I don't need to remind you!

I suggest that both of you talk again, and if the plaintiff and the defendant reach a settlement before my verdict, you can contact me! After the short-haired female judge finished speaking, her expressions of joy and anger were unmistakable. The representatives of the plaintiff and the defendant pondered over the judge's words.

……

After signing the transcript, Wang Chuan and Ouyang De let out a sigh of relief. The case was open from 45:[-] am to [-]:[-] am.

(End of this chapter)