Grassroots lawyers also have spring

Chapter 468

Wang Chuan didn't want to mention the "Notice of Non-acceptance" issued by the Labor Arbitration Committee. According to the case files, this case is indeed a labor dispute, not a labor dispute, but Mr. Gu felt that this point was beneficial to him, so he insisted on adding it.

As the saying goes, there is no way to do things, and it is useless to be exhausted. Wang Chuan changed his mind in the spirit that the customer is God, and his defense seemed to say: Look, it’s not that I don’t recognize the existence of labor relations, it’s labor arbitration The commission notified me so.Try to avoid the judge having an opinion about yourself.

"The plaintiff is presenting evidence!" the baby fat judge said with a straight face.

"The first piece of evidence, the "Piece Wage Confirmation Form", proves that there is a labor relationship between the two parties, and that the defendant owes the plaintiff wages.

The second piece of evidence, the "Notice of Non-Admissibility", proves that the case has been heard by the Daxing District Labor Arbitration Commission;

The third piece of evidence, the "Civil Ruling" of the Daxing Court, proves that the labor relationship between the plaintiff and the defendant is not a labor relationship.

The fourth piece of evidence, the "Judicial Appraisal Opinion", proves that during the previous case trial, an appraisal agency was entrusted to appraise the "Piece Wage Confirmation Form", and the appraisal fee was [-] yuan;

The fifth piece of evidence, the property preservation bill, proves that the plaintiff has applied for preservation of the defendant's bank account, which cost a total of 320 yuan.

The proof is over! "Yang Xinghua leaned back on the chair after speaking.

Wang Chuan never understood what Yang Xinghua was thinking, and why he had to submit the fourth and fifth pieces of evidence. The judicial appraisal and litigation preservation were all from the previous case, not this one!

Moreover, the appraisal conclusion was not good for him, so he put the appraisal fee that should be paid into this case, and wanted Mr. Gu to pay it. This idea is really weird!It's bigger than writing a novel!
Fortunately, the plaintiff did not add any new evidence, Wang Chuan felt at ease!

"Defendant, conduct cross-examination!" said the baby fat man judge.

"The authenticity of the first piece of evidence is not recognized, and the piece of evidence has been tampered with.

The authenticity, relevance, and legitimacy of the second evidence "Notice of Non-acceptance" are recognized.

The authenticity and legitimacy of the third evidence are recognized, but the relevance is not recognized, and the purpose of the proof is not recognized. This court ruling did not confirm whether the plaintiff and the defendant are in a labor relationship.

The legality, authenticity, and relevance of the fourth piece of evidence "Judicial Expertise Opinion" are recognized, but the purpose of proof is not recognized.Because the appraisal opinion is a document of the previous case, the court has already dealt with the relevant expenses in the relevant ruling.

The authenticity and legitimacy of the fifth evidentiary property preservation payment note are recognized, but the relevance of this piece of evidence is not recognized. This piece of evidence belongs to another case, not the preservation payment note of this case.

Cross-examination is complete! "Wang Chuan said.

"It's up to the defendant to present evidence!" the baby fat man judge said lightly.

"The first piece of evidence, the two recordings and the transcript of the recording.

The first recording was made at 03:30 p.m., which proves that the defendant had called the plaintiff at 03:30 p.m. There was a quarrel.

The second recording was made at 06:30 in the evening. The plaintiff once again asked the defendant to come to the office to find him, but the defendant refused again. The plaintiff asked the defendant not to come to work tomorrow (that is, the [-]th) and to submit the previously signed "Piece-rate Wage Confirmation Form" "return.The defendant claimed that the list was lost and demanded that the plaintiff pay wages.Both of them were more excited and quarreled fiercely.

(Can you not be fierce, both sides have started to greet each other's ancestors for eight generations!)
The first evidence proved that the specific time when the defendant refused to let the plaintiff work was October [-], [-], and the plaintiff did not go to the defendant's office after that.

The second piece of evidence, the "Judicial Expertise Opinion", proves that the writing time of the plaintiff's entry and resignation time and the description of the work completed on the "Piece Wage Confirmation Form" was after December [-], while the defendant wrote The "unified settlement after completion" and the signing time were before December [-], and the formation time of the two notes was inconsistent.The "Piece Wage Confirmation Form" provided by the plaintiff had been tampered with, and the descriptions about the time of entry and departure and the completion of work tasks were not the defendant's true intention.

The third piece of evidence, the "Legal Professional Qualification Certificate", proves that the plaintiff is not an ordinary skilled worker. He has passed the judicial examination in [-] and is very clear about the relevant provisions of the labor law.He is taking advantage of his familiarity with labor laws and regulations to seek illegitimate interests through litigation after collecting evidence.

The fourth piece of evidence is the summary table of the plaintiff’s participation in litigation cases. According to incomplete statistics, since [-], the plaintiff has successively represented five third-party labor dispute cases in Hebei Province, Tianjin City, and Imperial Capital. As the applicant He and the plaintiff participated in [-] lawsuits.

In [-] alone, there were as many as eight labor dispute cases filed by the plaintiff (not counting the labor arbitration and litigation arising from the same case). According to the judgment, in [-], the plaintiff worked in the enterprise The maximum period of time is three months and the minimum period is two days.The demands of labor arbitration and litigation are very similar, and the content of the "Wage Certificate" in previous cases is very similar to the "Piece Wage Confirmation Form" in this case.

It can be seen that the plaintiff has frequently established labor relationships with different employers in recent years, and then forced the employers to terminate the labor relationship with various reasons such as asking for leave, arriving late and leaving early, and the duration of each labor relationship is very short. Moreover, during the existence of the labor relationship, the plaintiff took advantage of his familiarity with the laws and regulations on labor disputes and his rich experience in labor arbitration to collect and retain evidence in his favor during the existence of the labor relationship, and to obtain far more than that through arbitration or litigation. Large economic benefits for normal labor remuneration.

This evidence is sufficient to prove that the plaintiff’s actual purpose of working at the defendant’s office was not to provide labor in exchange for remuneration, but to get something for nothing, using his familiarity with labor laws to earn huge profits through false lawsuits, in fact, he was a professional hitter! "

As soon as Wang Chuan finished speaking, the plaintiff, Yang Xinghua, stood up with a groan, and shouted, "You are talking nonsense. You are a professional toucher. If you use your legal knowledge to represent capitalists, you will not be afraid of being attacked." retribution!

When I represent laborers in cases, that is robbing the rich and giving to the poor!You lawyers are a bunch of bastards, you can say that black is white, judge, you have to support the laborers!I have been working for several months without giving me a penny, and I am still scolding me for being a penny...

Judge, he's talking nonsense, don't listen to him! "

(End of this chapter)