Grassroots lawyers also have spring

Chapter 537 Problem Baby
The judge who tried the labor dispute case of Yifeng Company was a round-faced female judge with a strong accent, which Wang Chuan could basically understand.

Sitting in the dock was a man in his forties, with a short stature, with a round head and a cropped shaved head, as if he had grown from a potato.After the clerk checked the identities of both parties, Wang Chuan knew that the defendant sitting in the dock was the defendant himself, and he did not hire a lawyer.

"Plaintiff, state the claims and factual reasons." The round-faced female judge said.

"Procedures: [-]. Request the court to rule that the plaintiff does not need to pay compensation for the illegal termination of labor relations to the defendant. [-]. The litigation costs shall be borne by the defendant.

Facts and reasons:
The defendant was originally the sales director of the plaintiff. In April [-], the defendant’s wife Zhang X and a third party jointly established a company with the same content as the plaintiff. The target customer groups of the company established by the plaintiff and the defendant’s wife were exactly the same.

According to Article [-] of the plaintiff's "Employee Handbook": ...An employee who has one of the following situations is considered a serious violation of company discipline, and the company has the right to terminate the labor relationship without paying any compensation and compensation: ... With the permission of the company, working part-time outside or engaging in business that competes with the company's business, or setting up and operating a company in the name of a relative, and having an act that conflicts with the company's interests...

The plaintiff believes that the joint establishment of the company by the defendant's wife and a third person to operate the same business as the plaintiff has violated the above-mentioned "Employee Handbook", and the termination of the labor relationship between the plaintiff and the defendant is legal and does not constitute illegal termination of the labor relationship..." Wang Chuan said.

"The defendant pleads!" said the round-faced female judge.

"I don't agree with the plaintiff's claim. The previous labor arbitration award has confirmed that the plaintiff is illegally dismissed. I think the plaintiff's claim has no factual and legal basis. I request the court to reject the defendant's claim." The defendant said unhurriedly.

"The plaintiff's evidence!" The round-faced female judge picked up the plaintiff's evidence catalog and said while looking at it.

"The first piece of evidence is the information on the company established by the defendant's wife Zhang X. This information was printed from the Internet, which proves that the defendant's wife is still the company's shareholder and legal representative.

The second piece of evidence, the plaintiff's business license and the business scope of the online company established by the defendant's wife, proves that the business scopes of both parties are the same, both focusing on computer software development and hardware sales.

The third piece of evidence, the "Employee Handbook" receipt form, proves that the defendant was informed of the provisions of the plaintiff's "Employee Handbook".

The proof is over! "Wang Chuan said.

"The defendant cross-examines!" The round-faced female judge checked the evidence and looked up at the defendant.

"I agree with the first evidence. But the company was established by my lover, not me.

The second piece of evidence, although the registered business scope of the two companies is the same, there are actually differences. In addition to software development, the company of my daughter-in-law also sells hardware, and the hardware sold by the two companies is not complete. Same.Therefore, the actual operating items are not completely consistent.

The third piece of evidence, I don't agree with.

It's over! ’ said the defendant.

"The defendant, let me ask, have you seen the plaintiff's Employee Handbook?" asked the round-faced female judge.

"...I haven't seen it before." The defendant's eyes revealed a trace of struggle.

"Then you signed the signature on the "Employee Handbook" receipt form?" asked the round-faced female judge.

"I haven't signed it," said the defendant.

"Defendant, do you apply for handwriting identification of the signature on the receipt form?" asked the round-faced female judge.

"No...don't apply." The defendant said.

"Defendant, do you have evidence to the contrary that the signature on the employee handbook receipt form provided by the plaintiff was not signed by you?

Let me clarify, if you do not apply for the identification of notes, and there is no contrary evidence to prove that the signature is not yours, then you will not be able to bear the adverse consequences for the proof.Have you thought it through? "The round-faced female judge reminded.

"Thought it out!" said the defendant.

"Let me ask again, do you want to conduct handwriting identification? Is there any evidence to the contrary to support your claim?" the round-faced female judge asked again.

"No application for identification, no other evidence." The defendant hesitated for a while and said.

"Plaintiff, what is your main business, is there any signed business contract?" the round-faced female judge asked.

"The plaintiff is mainly engaged in software development and maintenance, and has a contract." After speaking, Wang Chuan added three business contracts signed in the past two years, one of which was signed by the defendant's name.

"Defendant, do you approve of these business contracts?" the round-faced female judge asked.

"Acknowledged, I know all these contracts." The defendant said.

"Is the business of your lover's company the same or similar to the content of these contracts?" asked the round-faced female judge.

"It's basically the same, but my wife's company's business is not as extensive as the plaintiff's." The defendant said.

"Plaintiff, how did your company's "Employee Handbook" formulate to employees, and whether the necessary procedures have been fulfilled." The round-faced female judge asked.

"The plaintiff conducted full consultation and discussion with the employees at the beginning of formulating the "Employee Handbook", and then explained it to the employees, and distributed the "Employee Handbook" to all employees. There is a receipt form as proof." Wang Chuan said.

"Has the plaintiff formed a union?" asked the round-faced female judge.

"No, the plaintiff doesn't have a trade union," Wang Chuan said.

"Defendant, do you agree with what the plaintiff said?" the round-faced female judge asked.

"I don't agree. I have the impression that the employee handbook was brought over by the people from the Imperial Capital Company. The name of the company has been changed, but nothing else has changed. We were asked for our opinions, but no one took it seriously at the time."

"The defendant presents evidence!" said the round-faced female judge.

"I have only one piece of evidence, the "Notice of Termination of Labor Relations" given to me by the plaintiff, which proves that the other party terminated the labor relationship without reason." The defendant said.

"The plaintiff cross-examines evidence," said the round-faced female judge.

"The plaintiff recognized the authenticity, legality, and relevance of the evidence, but did not recognize the purpose of the proof. The plaintiff dismissed the defendant in accordance with the "Employee Handbook", which did not constitute an illegal termination of the labor relationship." Wang Chuan testified.

"Defendant, what does your lover do?" asked the round-faced female judge.

"My spouse turned out to be an accountant of a company." The defendant said.

"What now?" The round-faced female judge asked:

"Now the company is the general manager." The defendant hesitated.

"Who is in charge of operating the company? Who is in charge of developing business? How many people are there in the company?" asked the round-faced female judge.

"There are three people in the company. She is usually in charge of the operation, and sometimes I help her out with ideas." The defendant thought: You are a problem baby!Why are you asking endless questions!
"There are only three people in total, can they meet the needs of customers to develop software?" the round-faced female judge asked.

(End of this chapter)