Grassroots lawyers also have spring

Chapter 467 Cuncui Two Swords!

In the evening, Lao Niu stayed with Wang Chuan for dinner at a small restaurant not far downstairs. Neither of them mentioned Zhengyang Law Firm. Very harmonious!
Ah Zi was not at home when Wang Chuan returned home, and he was probably still working overtime at the company.Since returning from the Spring Festival, Ah Zi has gone crazy, working overtime at the company almost every day until the wee hours of the morning.

In her words, now that she has no patron saint, she has to rely on herself. Even if she is flustered in her heart, she must be firm on the surface. It is not because of anything else, so many employees in the company are watching.

Wang Chuan admired Ah Zi very much. It is not easy for a weak girl to make it this far in the imperial capital!Fortunately, the company has worked hard enough and the business is developing well.

Just in response to that sentence: God help those who help themselves!
The next morning, Wang Chuan was studying Mr. Gu's case when his cell phone beeped and he received a text message.It was from Mr. Gu: The attorney fee has been paid, and the agency contract has been mailed, please check!
Wang Chuan immediately became excited, and hurriedly logged in to the accountant in Koukou Contact Office to confirm the payment status. After 10 minutes, the accountant replied that Mr. Gu's legal fees had been credited.

Since he no longer works as a salaried lawyer, the previous housing sales contract dispute has not been notified of the time for another trial. Wang Chuan has no other cases to do except Mr. Gu's case, so he devotes all his energy to this case.Communicate with Mr. Gu every now and then.

Mr. Gu felt that Wang Chuan was very dedicated, and couldn't help sighing in his heart: This money is really worth it!
Three days later, Wang Chuan was writing a statement of defense for the case when suddenly the mobile phone on the table rang.

"Lawyer Wang, I contacted Yang Xinghua's former boss. The situation is similar to mine. He was also sued by Yang. He sent me the labor arbitration award and the court's judgment. I forwarded it to you. mailbox.

In the past two days, I also sent messages to a few friends, asking them to help me find this person, and also reminding my friends to beware of being deceived!
In the afternoon just after posting, news came back that this man surnamed Yang sued three companies in the imperial capital, and I guess there are more, but we don't know about it.

You really hit the spot, this guy is not easy!He was premeditated. "Mr. Gu said excitedly.

"Okay, you continue there. If there is any news to tell me later, it would be best if we can get the verdict. This will be very beneficial to us." Wang Chuan said excitedly. Unexpectedly, he was right. !
The weather in July is even hotter. When the air conditioner is turned on to 26 degrees, it feels hot indoors, and the sun outside makes people feel oily.

In the No.20 first instance courtroom of Daxing Court, the air conditioner was powerful, and Wang Chuan and Mr. Gu were sitting in the dock to prepare for the trial.Sitting in the plaintiff's seat was a man in his thirties with a cropped head, his eyes were a little erratic.

Mr. Gu told Wang Chuan in a low voice that the man with a cut head sitting across from him was Yang Xinghua.

After checking the information of both parties, the male judge with glasses and baby fat on his face rang the gavel, and the trial officially began.

According to the procedure, the plaintiff first states the claims, facts and reasons.

"The plaintiff's claim consists of five items:

5000. To order the defendant to pay [-] yuan in arrears of wages from September [-], [-] to December [-], [-];
750. Order the defendant to pay the double salary difference of [-] yuan for the period from September [-], [-] to December [-], [-], when no written labor contract was concluded;

620. Order the defendant to pay [-] five yuan in economic compensation for the termination of the labor relationship;
1000. Order the defendant to pay compensation of 50 and [-] yuan for illegal termination of labor relations;

320. Litigation fees, litigation preservation fees of [-] yuan and appraisal fees of [-] yuan shall be borne by the defendant.

Facts and reasons:
The plaintiff started to work at the defendant's office on September 15, 5000. The wages were calculated on a piece basis, and he made [-] desks. The commission for each desk was [-] yuan, and the total piece wage was [-] yuan.

As of December 26, [-], the plaintiff had completed the production of [-] desks.On December [-] of the same year, the defendant illegally terminated its labor relationship with the plaintiff without any justifiable reason and refused to pay the plaintiff's wages.

原告二零零九年九月三日至二零零九年十二月三十日的月平均工资为45000元÷4=11250元。被告未与原告订立书面劳动合同，因此被告应当支付二零零九年九月三日至二零零九年十二月三十日期间未订立书面劳动合同的双倍工资差额11250元／月×3月=33750元。

On December 5625, 11250, the defendant illegally terminated the plaintiff's labor relationship. The defendant should pay the plaintiff [-] yuan in economic compensation and [-] yuan in compensation for the illegal termination of the labor relationship.

As an employee, the plaintiff is in a weak position, and the defendant, as a strong party, has been in arrears with the plaintiff's wages for a long time, which has caused serious difficulties to the plaintiff's work and life. The court is requested to support the plaintiff's claim according to law. "

Objectively speaking, Yang Xinghua is very suitable to be an actor. His facial expressions and body language vividly express the inner helplessness and expectation of a disadvantaged person.If he hadn't studied the case files before, Wang Chuan would have been almost deceived by him.

Wang Chuan listened to the plaintiff Yang Xinghua's lawsuit, and secretly smiled in his heart: This guy is a person who has passed the judicial examination. Many claims are problematic.

Taking a step back, even if the illegal dismissal is established, it is impossible to have both economic compensation and compensation at the same time!If the court does not support it, it seems that he has only so little ability, purely two knives!

"Defendant pleads!" The fat baby judge glanced at the plaintiff before turning to the dock.

"Defendant disagrees with plaintiff's claim.

According to the notice of non-acceptance of the labor arbitration submitted by the plaintiff, the Daxing District Labor Arbitration Commission confirmed that the plaintiff and the defendant did not belong to the labor relationship, so the plaintiff’s claim of double wage difference, economic compensation, and compensation for not signing a labor contract was not true. and legal basis.

Regarding the remuneration issue, the defendant believed that the plaintiff went to work at the defendant's office on October [-], [-], and that the plaintiff left without saying goodbye and did not come to work since October [-], [-]. During this period, the plaintiff asked for leave for four days. The time was only three days, and the plaintiff did not make a finished product within these three days, and the defendant did not need to pay remuneration according to the method of calculating wages and commissions agreed by both parties.

Moreover, the plaintiff provided false evidence, and the "Piece Wage Confirmation Form" it provided had been altered, and its real purpose was to deceive the court so as to achieve the goal of getting something for nothing.It can be seen that the plaintiff's statement is not credible.

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

(End of this chapter)