Grassroots lawyers also have spring

Chapter 515 The Trial Scene 2
"Respondent, do you think that compensation should not be paid? Besides the labor contract, do you have other reasons?" asked the male judge wearing glasses.

"Because the applicant for the retrial is Wai Guoren, the respondent believed that the compensation agreement was not applicable according to the "Regulations on the Administration of Employment of Foreigners in China", so the respondent paid one month's wages as compensation according to the labor contract between the two parties." The young male lawyer said.

"Retrial applicant, do you agree with the respondent's opinion, and what are the reasons?" asked the male judge wearing glasses.

"Not recognized! Although the retrial applicant is a foreigner, he has obtained an employment permit and has the qualifications to establish a labor relationship. The respondent, as a legally established enterprise within the territory of the People's Republic of China, complies with the employment subject stipulated in the Labor Contract Law. Therefore, the labor relationship established by both parties should be protected by labor laws such as the Labor Contract Law.

Accordingly, the respondent illegally terminated its labor relationship with the retrial applicant, and it should pay compensation to the retrial applicant in accordance with the provisions of the Labor Contract Law. "Wang Chuan said.

……

"The retrial applicant makes a final statement!" said the male judge wearing glasses.

"...the applicant for the retrial believes that the employer may terminate the labor contract with the employee if it complies with the provisions of Article No. , Article 40 of the law also stipulates the circumstances of the termination of the labor contract.

Article No. 19 of the "Regulations for the Implementation of the Labor Contract Law" further stipulates the circumstances for the employer to terminate the labor contract: "In any of the following circumstances, the employer may terminate the fixed relationship with the employee in accordance with the conditions and procedures stipulated in the Labor Contract Law." Term labor contract, labor contract with no fixed term or labor contract whose term is to complete a certain work task: ([-]) The employer and the laborer reach a consensus through consultation;  …”

It can be seen from this that the employer shall not terminate or terminate the labor contract with the employee except under the circumstances stipulated by laws and administrative regulations, nor shall it agree with the employee in the labor contract that under other circumstances not stipulated by laws and administrative regulations, the employer shall not The unit may rescind or terminate the labor contract.

The agreement between the respondent and the retrial applicant in the labor contract that 'either party can terminate the contract, but must notify the other party in writing one month in advance, or compensate the other party for one month's salary' violates the mandatory laws and administrative regulations, and should is invalid.

It was illegal for the respondent to terminate the labor contract with the retrial applicant based on the invalid clause. The court of second instance held that the labor contract termination clause "either party can terminate the contract" was legal and valid and believed that the two parties negotiated to terminate the labor contract, which was obviously wrong.

The court is requested to revoke the second-instance judgment according to the law, and instead order the respondent to pay the retrial applicant 12 yuan in compensation for illegal termination of the labor contract; the litigation costs of this case shall be borne by Haiwan Restaurant.

complete! "Wang Chuan said.

……

Since the trial was in a state of high concentration, Wang Chuan didn't realize how long the trial lasted.

After signing the transcript and leaving the court, Wang Chuan glanced at his phone, it was already past two o'clock in the afternoon.He felt weak all over, his head was numb and he couldn't move, and he was exhausted.His stomach kept making gurgling sounds, reminding him that he didn't have lunch.

He randomly found a fast food restaurant on the side of the road, had a quick meal, and then called the big golden retriever to tell him about the trial.

After returning to the hotel, he lay on the bed not wanting to move, and soon fell into a deep sleep.When he woke up, it was already more than two hours later.

After Wang Chuan got up and took a shower, he was full of vitality again.After a hasty dinner, he rushed to the airport with his suitcase. The big golden retriever booked him an evening flight.It was past one o'clock in the morning when he returned to his home in the imperial capital, and the taxi fare cost nearly [-] yuan.

Two days later, Wang Chuan received a call from Daoist Sanyuan. The old Taoist had already returned to the imperial capital. After the two made an appointment, Wang Chuan drove to a teahouse at nine o'clock in the morning according to the old Taoist's instructions.

"Hi, my friend is on your side, a priest..." Wang Chuan hurriedly said when he saw a waitress standing in front of the door.

Before Wang Chuan could finish speaking, the other party smiled and said politely, "You are Lawyer Wang, right? The Taoist priest told me to wait for you at the door, please follow me!"

Wang Chuan was taken aback for a moment, but he didn't expect the old man to arrange someone to wait for him at the door, so he followed the waitress into the teahouse.

From the outside, this teahouse looks unremarkable, it doesn't look much different from Lao Niu's teahouse, but Wang Chuan was overwhelmed when he walked in.

The interior of the teahouse is all decorated with antiques, which looks simple and elegant, and feels like a rich family.Jade and porcelain are placed on the indoor shelves, adding a touch of elegance to the teahouse.The tea set on the table looks very elegant, and the tables and chairs should be made of solid wood. The antique style matches the environment very well.

This place gave Wang Chuan the illusion that he couldn't get out without throwing down a few thousand dollars.

Wang Chuan followed the waiter to a private room on the second floor. Daoist Sanyuan sat in the middle of the private room. On the right sat a middle-aged man with regular facial features and frowned, looking haggard; on the left sat an old man with gray hair. , the old man was benevolent, joking with Taoist Sanyuan.

"Little friend, stay safe!
Come!Come!Come!Let me introduce to you, this is Boss Wu, we have known each other for more than ten years, this teahouse is opened by Boss Wu. "Old Taoist Sanyuan smiled when he saw Wang Chuan enter the door.

The gray-haired old man on the left hurriedly stood up and shook hands with Wang Chuan: "Lawyer Wang, the priest was talking about you just now. You are young and promising!"

"Mr. Wu has won the award." Wang Chuan hurriedly took out his business card and handed it over.

After exchanging pleasantries, Boss Wu saw that Wang Chuan was looking at the middle-aged man on the right side of Daoist Sanyuan intentionally or unintentionally, and smiled, "This is my friend Mr. Gao. Mr. Gao, this is Lawyer Wang."

The middle-aged man walked a few steps closer and shook hands with Wang Chuan: "Hello, Lawyer Wang, Gao Jun." He was very polite.

After Wang Chuan exchanged business cards with Gao Jun, he said awkwardly, "Mr. Wu, Mr. Gao, I'm really sorry to bother you! Why don't I wait outside for a while and you guys talk first?"

"It's okay, we're okay, we'll chat with the Taoist chief," Mr. Wu said.

"Boss Wu, let's meet again another day, I'll go with my little friend first!" Daoist Sanyuan said with a smile.

After Mr. Wu and Mr. Gao sent Daoist Sanyuan out of the teahouse, Wang Chuan drove the old man to Yuanfang Law Firm in a Jetta, where Fatty Wan and Sister Wang had been waiting for a long time.

The area of ​​the law firm is not big, Taoist Sanyuan put his hand on the compass for a while and turned it around, Fatty Wan and the three followed the Taoist, respectful!

(End of this chapter)