Grassroots lawyers also have spring

Chapter 710 Come on with us!

"Defendant, does your company punish employees twice? What is the basis for you to punish employees twice?" the female judge asked.

"The first punishment is based on the crane operation manual, and the second is based on the "Employee Handbook". Not all employees who make mistakes will be punished twice." The young male lawyer said.

"Defendant, the accident confirmation letter has the signatures and seals of your company's relevant departments and the plaintiff's signature, and the column of handling opinions says deduction of performance wages and other content. Then is the company's internal approval for the second penalty?" Female asked the judge.

"Yes. At that time, the company held a meeting to evaluate the plaintiff's accident before deciding to terminate the labor relationship. There was also a document on the labor union's agreement to terminate the labor relationship. I don't have it now. I will provide it to you in court." Legal Affairs Commissioner said.

"Defendant, is the plaintiff's salary 5000 yuan per month?" asked the female judge.

"Yes, we all pay wages according to the labor contract." The legal commissioner said.

"Plaintiff, what do you think is the basis for the defendant's termination of the labor relationship to constitute an illegal termination of the labor relationship?" asked the female judge.

"The plaintiff believes that although it is a fact that the plaintiff violated the operation manual and caused losses to the company, the defendant has already punished the plaintiff in the month of the accident, and punished the employees again for the same reason a few months later. The termination of the labor relationship between the two parties is obvious. There are procedural flaws.

If the defendant can act arbitrarily, punish the employees multiple times, or use the punishment measures that are most beneficial to him at any time, then the punishment system formulated by the defendant is unfair to the employees.

Therefore, we believe that the defendant's second punishment to the employee based on the "Employee Handbook", that is, the termination of the labor relationship between the two parties, constitutes an illegal termination of the labor relationship. "Wang Chuan said.

……

"The plaintiff will make a final statement." The female judge looked tired. It was obvious that she tried two cases in the morning, and her brain was constantly running at high speed, which made her very tired.

"...According to Article 30 of No. [-] of the Labor Contract Law, if an employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract.

In reality, employers can formulate corresponding management norms, including reward and punishment regulations, according to the characteristics of production and operation.However, even if the employer stipulates different degrees of punishment measures for violations of discipline, it should not make a second punishment for the same violation of discipline after it has made a decision on punishment.To avoid double penalty!
In this case, the defendant had already punished the plaintiff once, and then punished the plaintiff a second time for the same reason. There were serious procedural flaws, which belonged to the illegal termination of labor relations.The court is requested to support the plaintiff's claim in accordance with the law. "Wang Chuan said.

……

It was past twelve o'clock when he came out of the court. Wang Chuan did not rush back to the law firm, but found a restaurant nearby to have a meal, took a rest after the meal, took out Deng Guang's case file, and read it. Get ready for court at 01:30 p.m.

At 01:30 in the afternoon, Wang Chuan appeared in the sixth court on time.

At this time, the young male lawyer and the female legal manager of the construction company were very surprised. They did not expect Wang Chuan to come again. Like them, the female judge sitting on it was the judge who tried the case in the morning.

"Lawyer Wang, did you go to the wrong court?" the female judge asked in surprise.

"It's not wrong. Isn't the labor dispute case between Deng Guang and the construction company going to court this afternoon? I'm Deng Guang's attorney." Wang Chuan said with a smile.

"Oh, then sit down, we'll start the court later." The female judge glanced at Wang Chuan, then looked down at the case file.

The female legal professional of the construction company had complicated eyes, and said silently in her heart: This lawyer Wang is fighting with us!
"Plaintiff, state the claims, facts and reasons." The female judge said.

"The claims of the lawsuit: 19. The defendant shall be ordered to pay the plaintiff 5000 yuan in compensation for the illegal termination of the labor relationship; [-]. The litigation costs of this case shall be borne by the defendant.

Facts and reasons:
The plaintiff joined the defendant on March 5000, [-]. The contract period was three years. After the labor contract expired, the plaintiff and the defendant renewed the labor contract. The contract period was five years and the monthly salary was [-] yuan.

On April 25, [-], the defendant terminated the labor contract of both parties on the grounds that the plaintiff had provided a false diagnosis certificate and seriously violated discipline.However, when the defendant terminated the labor contract, he did not seek the opinions of the trade union, which was flawed in the procedure.

In order to protect the interests of the plaintiff, we appeal to your court, asking the court to support the plaintiff's claim according to law. "Wang Chuan said.

"The defendant pleads!" the female judge said lightly.

"The defendant does not agree with the plaintiff's claim. The defendant's termination of the labor relationship with the plaintiff is in accordance with the provisions of the Employee Handbook, and its termination is legal. The defense is over!" I don't believe you can win.

"The plaintiff presents evidence!" It may be because she just went to work in the afternoon, the female judge seemed a little out of spirits.

"The first piece of evidence, the labor contract, proves that the plaintiff and the defendant have a labor relationship, and the labor contract has not yet expired.

The second piece of evidence, the salary slip, proves that the plaintiff’s monthly salary before leaving the job was 5000 yuan.

The third piece of evidence, the notice of termination of the labor relationship, proves that the defendant terminated the labor relationship between the two parties on the grounds of the plaintiff’s major violation of discipline, and did not seek the opinion of the trade union, which constituted an illegal termination.

The proof is over! "Wang Chuan said.

"The defendant cross-examines evidence." After the female judge finished speaking, she covered her mouth with her hands and yawned.

"We recognize the authenticity, legitimacy, and relevance of the first evidence, the labor contract, and the second evidence, the salary slip.

We recognize the authenticity, legality and relevance of the third notice of evidence termination of employment relationship, but the purpose of the proof is not. The defendant dismissed the plaintiff because the plaintiff provided a false sick leave certificate for serious violation of discipline, which does not constitute an illegal termination of employment relationship.

Cross-examination is complete! " said the young male lawyer.

The legal officer on the side seemed confident. This time, the plaintiff had seriously violated discipline first, so she felt that the case would definitely win.She sat aside quietly waiting for the moment when she could feel proud!
"The defendant presents evidence!" said the female judge.

"The first piece of evidence, the diagnosis certificate and the statement issued by the hospital, proves that the doctor signed on the diagnosis certificate is an obstetrician and gynecologist, and the reason for the plaintiff's sick leave is arrhythmia, so the diagnosis certificate is a false certificate.

In the second piece of evidence, the letter of repentance, the plaintiff admitted that the diagnosis certificate was forged by someone else, not the real diagnosis certificate.

The third piece of evidence, the "Employee Handbook" and the plaintiff's signature record of participating in the "Employee Handbook" training, proved that the defendant's termination of the labor relationship between the two parties was legal and compliant, and did not constitute illegal termination of the labor relationship.

The proof is over! " said the young male lawyer.

"The plaintiff cross-examines evidence!" The female judge looked down at the evidence submitted by the defendant.

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(End of this chapter)