Grassroots lawyers also have spring

Chapter 596 Special Prescription and General Prescription

In any case, the materials for filing the case were left behind. Fatty Wan was very glad that he had made sufficient preparations before he came. If he sent his assistant to file the case, he might have been sent back by the judge.This is also within his expectations.

He glanced at the return train ticket in his hand. He had to come to the court tomorrow to confirm the result of filing the case, so he had to change the ticket.

In the afternoon of the next day, Wang Chuan received a call from Fatty Wan. The case was filed and he was waiting for the court to notify him of the hearing.However, he told Wang Chuan not to expect too much from the verdict of the first instance. The opponent is a local with deep roots in the area, and his own claim may not be supported. The focus is on the second instance of the intermediate court.

It's not time for negotiations yet, so Wang Chuan hasn't made an appointment with the debtor's boss.

The second trial of Gaojun Company's Honggong confirmation labor relationship case came down. The court revoked the content of the first-instance court's judgment on the double wage difference, and rejected the other party's other claims!
This result was expected by Wang Chuan, but it made Hong Gong a little confused. Why did the second trial deny the double wage difference for the unsigned labor contract?

"Lawyer Wang, if I apply for retrial, can I get back the double salary difference?" In Gao Jun's office, Hong Gong looked at Wang Chuan who was opposite.

Wang Chuan saw Hong Gong's entanglement and incomprehension: "Hong Gong, although the payment of the second trial judgment is much less than that of the first trial, this is also expected. There is no chance of reversing the situation when applying for retrial.

The court of second instance held that although the "Cooperation Agreement" between you and Myriad World does not fully contain all the necessary clauses of the labor contract, the absence of the necessary clauses does not affect the terms and their effectiveness agreed upon by the two parties. The contract signed by the two parties in this case It can still play the same role as a written labor contract to fix the rights and obligations of the labor relationship between the two parties, so the court determined that the "Cooperation Agreement" has the nature of a written labor contract.

It is also based on this that the court determined that there is a labor relationship between you and Wan Qian Shi Shi. Now you want to apply for retrial to overturn the court's determination, saying that there is no labor contract between you. Earlier you meant exactly the opposite.It's even worse for you! "

"Then... that's it! Can I ask the other party for money with the verdict now?" Hong Gong said.

"Yes, the second-instance judgment will take effect once it is made. If the other party does not pay, you can apply for enforcement." After Wang Chuan finished speaking, he sighed secretly: Hey!People are not enough to swallow elephants!
When Wang Chuan returned to the office, he happened to see Fu Ziwen there, so he walked to her side, pulled a chair and sat down.

"Fu Lv, how about the labor dispute case of Xintong Company?" Wang Chuan asked wearily.

The case of Xintong Company in the operation center of the Imperial Capital was handled by Han Zhou, and Wang Chuan and Fu Ziwen were finally entrusted to handle it. After talking with Fu Ziwen, the manager of the operation center, Mr. Wu, was very satisfied with her professional ability. Well, Wang Chuan and Fu Ziwen had already analyzed the possible situations of the case before going).

Although the money in this case is not much, Wang Chuan attaches great importance to it. This case is a key step for him to establish contact with Xintong Company. What he said.

"You are talking about the case of Gu Le in Fengtai Court! The court has been held some time ago, and I have already told Manager Wu about the trial.

The court situation is not bad, and I feel that there is no problem.You have been busy before, and I did a legal due diligence, so I didn't have time to tell you about it. " Fu Ziwen said.

'Oh it's all right.Let me know when there is a result. "Wang Chuan rubbed his temples and got up to go back to his station, but was stopped by Fu Ziwen.

"Wang Lu, when the court was held, the opposing lawyer asked our client to pay the double wage difference of Gu Le's unsigned labor contract from January to December [-]. He said that the double wage difference belonged to wages and should be paid. A special statute of limitations applies." Fu Ziwen said.

"What did you say at the time?" Wang Chuan asked after thinking about it.

"Of course I disagree. I insist on applying the general statute of limitations, and the time limit for litigation is one year." Fu Ziwen said.

"The one-time salary of the double salary without a labor contract, that is, the salary earned by normal labor, is the consideration for the labor provided by the laborer, which belongs to the labor remuneration, and the special statute of limitations applies. This is not controversial in practice.

The other double part of the double salary, although we also call it "salary", is actually the punitive compensation set by the "Labor Contract Law" for the illegal situation that the employer fails to sign a labor contract with the employee.

The legal basis for workers to obtain punitive compensation is the mandatory provisions of the "Labor Contract Law", not the consideration for providing labor, and it does not belong to labor remuneration.

Although this is controversial in the lawyer circle, some lawyers think that this part should also be regarded as salary, but it is relatively uniform in judicial practice, at least in the imperial capital, it is not considered salary, but punitive damages.

Therefore, labor remuneration such as wages, overtime pay, and untaken annual leave wages are generally subject to a special statute of limitations for labor disputes. No matter how many years you have worked, if there is a default, you can claim it during the working period or within one year after leaving the job.As long as the evidence is solid, the court will support it.

Only the general statute of limitations for labor disputes can apply to the part of the double salary that has not been signed with a labor contract, that is, the laborer must claim his rights within one year from the date he knows or should know that his rights have been violated.

Gu Le has not signed a labor contract since January [-], and it has been two years and nine months now, a year has passed, so his claim will not be supported by the court. "Wang Chuan said.

"Oh, I understand now. At that time, the other party's lawyer almost made me faint. But fortunately, I have your attorney's statement." Fu Ziwen said, clutching his chest.

Just as Wang Chuan sat down, the phone rang. It was a landline.

"Hello, is this Wang Chuan?" A middle-aged woman's voice came from the phone.

Wang Chuan was taken aback. If it was a call from a court, the other party should show the sign and tell him that he was from that court; if it was a call from a client, he would call himself Lawyer Wang, and he would be very client-friendly, and his tone was not so blunt.Wang Chuan couldn't figure out the other party's details for a moment.

"Hi, I'm Wang Chuan, who are you?" Wang Chuan asked.

"I'm from the Mentougou Demolition Office. Yard No. 108, xx Road, Longquan Town is yours, right? We're now informing you to come to the Demolition Office tomorrow morning with your real estate certificate and ID card. We need to register." The other party seemed to be going to the countryside. The cadres speak very hard.

Wang Chuan was overjoyed, and secretly said: Oh!It turned out to be the demolition office, I said it was so awesome.

"Okay, I'll be there tomorrow. Excuse me, where is the demolition office?" Wang Chuan said hastily.

(End of this chapter)