Grassroots lawyers also have spring

Chapter 711 What a shock!
"The authenticity, legality and relevance of the first evidence and the second evidence are recognized by the plaintiff; the third evidence, the authenticity, legality and relevance of the "Employee Handbook" are all recognized, but the purpose of the proof is not recognized, the employee When dismissed for violating discipline, the defendant should seek the opinion of the trade union first, but the defendant did not seek the opinion of the trade union, so there are flaws in the dismissal procedure.

Cross-examination is complete! "Wang Chuan said.

"Defendant, does your company have a union?" the female judge looked up at the dock and asked.

"There is a labor union. We are a state-owned enterprise, and we established a labor union in accordance with the regulations at the beginning of our establishment." The legal officer said.

"Defendant, have you terminated the labor relationship with the plaintiff, and have you consulted the trade union?" the female judge continued to ask.

"People from the trade union were also present at the previous meeting... it must have been solicited!" the legal officer said.

"Has the union issued a written document agreeing to the termination of the labor relationship between the company and the plaintiff?" asked the female judge.

"No, it was not issued. Because the plaintiff forged the diagnosis certificate, which constituted a serious violation of discipline, we don't think it is necessary to seek the opinion of the trade union." The legal officer hesitated.

What does the judge mean by this? Why does he keep chasing us and asking us? The legal officer is dissatisfied with how it seems that we are at fault in this lawsuit.

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

"Yes, we agree with the content recorded in the salary slip." The young male lawyer said.

"Plaintiff, how long did the defendant work for the plaintiff? How did you calculate your compensation?

"The plaintiff joined the defendant on March [-], [-], and had renewed his labor contract once. As of April [-], when the defendant terminated the labor relationship, he had worked for a total of six years and two months.

According to the "Labor Contract Law", if the labor relationship is terminated illegally, the compensation shall be doubled as the economic compensation, 5000 yuan multiplied by 19, then multiplied by two, and the final amount is 5000 yuan. "Wang Chuan said.

"Attorney for the plaintiff, please submit the statement of attorney in court and list the calculation method." The female judge said.

……

"The plaintiff makes a final statement." After the female judge finished speaking, she began to tidy up the case files on the table.

"...According to the "Supreme People's Court's Interpretation on Issues Concerning the Applicable Law in Trial of Labor Dispute Cases", the termination of the labor contract by the employer with the establishment of a trade union is in line with the provisions of No. 30 and No. 40 of the Labor Contract Law, but it does not In accordance with Article 40 of the Labor Contract Law No. [-], the trade union is notified in advance, and if the employee requests the employer to pay compensation on the grounds that the employer has illegally terminated the labor contract, the people's court shall support it.

It can be seen that, in the case of the establishment of a labor union, as long as the provisions of the above-mentioned judicial interpretation are met, even if the plaintiff has seriously violated discipline and the defendant terminates the labor relationship with the plaintiff, it should notify the labor union in advance, otherwise it will be liable for the flawed termination procedures. Legal Liability to Pay Compensation.

To sum up, the plaintiff requests the court to support its claim in accordance with the law so as to protect the legitimate rights and interests of the plaintiff.complete! "Wang Chuan said.

"The defendant's final statement!" The female judge looked at the dock.

"The defendant terminated the labor relationship between the two parties because the plaintiff provided false sick leave materials. The defendant's behavior did not constitute an illegal termination of the labor relationship." At this point in the trial of the case, the young male lawyer had no intention of making a final statement and said something hastily.

He glanced at Wang Chuan on the opposite side, and had a vague premonition in his heart. It seemed that the possibility of losing this case was very high.

Thinking of this, he couldn't help complaining: This fucking labor case is too difficult to deal with. When I get back, I will tell my boss, don't take this kind of case again, it's too troublesome, and I lose confidence!It is better to do construction contract disputes.

The face of the legal officer on the side also changed: Could it be that this time I will lose the lawsuit again!When I go back, I have to find a reason to tell Mr. Luo that next time I file a labor lawsuit, I won't come!What a shock!
When signing the record, the legal officer could not help but ask the judge: "Judge, I have read some cases, and the company did not ask for the opinion of the trade union when it fired employees. Why do you keep asking this?"

"Didn't Lawyer Wang read the judicial interpretation to you during the court session just now? Go back and double it. There are indeed such regulations." The female judge couldn't say anything.

To be honest, the female judge was also quite helpless. The employee’s provision of false certification materials constituted a serious violation of discipline, but there was a clear stipulation in the judicial interpretation that the opinion of the trade union must be sought. The previous case was also judged in this way, so she did not Method.The law is cold, and the enterprise can be regarded as a lesson!
"Lawyer Wang, don't get me wrong, I just want to ask you, does the company have to go through the trade union when dismissing employees?" Seeing that Wang Chuan was about to leave with a bag, the legal specialist hurriedly asked.

Wang Chuan smiled: "The cases I have seen are like this!
However, if the employer does not have a trade union, it is a different matter. Now the provinces have different standards. In some provinces, the courts believe that enterprises without trade unions can directly dismiss employees without consulting the trade union;

However, there are also some courts that believe that when an enterprise does not have a trade union, when dismissing an employee, it should notify the trade union at the same level and seek the opinion of the trade union.This matter is more complicated, but companies that have already established a union in the imperial capital still need to seek the opinion of the union when dismissing employees, otherwise it will constitute a procedural flaw. "

After listening to Wang Chuan's words, the legal officer was stunned. Although their construction company is in the imperial capital, they have project companies in various places. According to Wang Chuan's statement, it would be complicated for project companies in various places to fire employees.The more she thinks about it, the bigger her head gets!
The young male lawyer looked very fortunate, thanks to the fact that he did not choose the labor field when he first entered the industry. The labor business is really not profitable and troublesome, it is too difficult!Go back and continue working as a lawyer in the construction field. Although the case is more complicated, at least you can make money!

At noon that day, after lunch, just as Wang Chuan walked into the office and sat down, Jiao Heng walked in.

"Wang Lv, the CM company's work-related injury case has a result. The court revoked the "Determination of Work-related Injury" made by the Bureau of Human Resources and Social Security. This is the judgment that has just been mailed.

But the judge called me and told me that the Bureau of Human Resources and Social Security has already appealed against the verdict, and they still believe that going to the bathroom during the lunch break is a physiological need and should be recognized as a work-related injury. "Jiao Heng said.

Wang Chuan took the verdict, glanced at it, and said with a smile, "Did you tell CM's Sun Xing?"

"I've said it. What they mean is that they want to entrust us with the second trial. How will we charge the fee?" Jiao Heng asked.

"I remember we collected 3 yuan in legal fees for the first instance!" Wang Chuan looked at Jiao Heng.

"Yes, [-] for the first trial. Half the charge for the second trial?" Jiao Heng asked.

"Okay, let's cut it in half!" Wang Chuan thought for a while.

(End of this chapter)