Grassroots lawyers also have spring

Chapter 751 Fishing in troubled waters
"This consultation is different from the previous ones. The lawyer representing the case will also be present. If the other party says something unpleasant, please don't mind." Mr. Luo said.

Literati disputes also happen between lawyers from time to time, especially when a client finds two law firms, and the representation opinions of the two law firms are inconsistent, and verbal quarrels are even more inevitable.Mr. Luo was afraid that the two parties would quarrel during the consultation process, so he reminded Wang Chuan in advance.

"Don't worry! We will discuss the matter as it stands, and we won't talk about other things." Wang Chuan said.

He said so in his mouth, but he didn't think so in his heart.This is to analyze legal issues in front of the client. If the other party really hates the two of us, and he doesn't even fart, the client will definitely think that he is weak, and his impression of Yuanfang Law Firm will definitely be greatly reduced.So if that's the case, he won't sit idly by.

More than 20 minutes later, Wang Chuan and Jiao Heng followed Mr. Luo to the conference room on the third floor. As soon as they entered, they saw five people sitting in the large conference room.

After Mr. Luo's introduction, the man with a big face and thick eyebrows sitting in the middle is Vice President Gao Mingzhe, and the shrewd man in his 30s on the left is Vice President Li. There is an empty seat on the right for President Luo. Yes, sitting next to Mr. Luo is the female legal officer whom Wang Chuan had met before.There was a pen and paper in front of her, and she knew at a glance that she was called to take notes.

Sitting opposite the three of them were two male lawyers, one named Zhao and the other named Sun, both of whom were gentle-looking.

After learning that Wang Chuan and Jiao Heng were traveling together, they were very polite on the surface, but their eyes were cold and unfriendly. Who told Wang Chuan to steal their legal counsel business?

Originally, their team was responsible for the business of the construction company. From their heart, they didn't want other lawyers to intervene, but judging from the current situation, it was impossible, and the labor business had been set aside.

"Lawyer Zhao, please tell us about the preparation and analysis of the case. Today, we just invited Lawyer Wang and the others. Let's analyze the case together," Vice President Li said.

"The case will be in court next week. We have checked a large number of similar cases during this period. To be honest, the content of the judgment is not very the same. We have not been able to find similar cases in the imperial capital.

However, in order to prove the compliance of entrusting payment of social security in other places, we invited many professors from the National People's Congress and Capital Economics and Trade to jointly issue expert opinions.

According to the opinions of experts, the payment of social insurance in different places does not conflict with the current effective laws and regulations, and the payment of social insurance premiums in different places is also common in reality, and the social security departments in many places have recognized this practice.

In addition, as far as this case is concerned, the expert’s opinion is that the court should consider the historical practice of the relevant system, the current policy and the macroeconomic situation when deciding the case, and take into account the rights and interests of the laborers and the management of the employer for the historical issues related to social security. need.

We believe that the case of your company has certain particularities, and there is still a certain chance of winning.Of course the risks are high. " Lawyer Zhao said.

After speaking, he handed the opinions issued by the experts to the three people in front of him.After reading the opinions, Mr. Luo handed over the expert opinions to Wang Chuan.

okay!A meal of far-sightedness, not talking about habits, but taking policy and macroeconomics as the reason, this is that kind of expert, who is purely using money to mess with things, pedantic!Wang Chuan secretly smiled in his heart.

"Lawyer Wang, you are good at analyzing and solving legal issues in the labor field. What do you think?" Mr. Luo looked at Wang Chuan and said.

"We just learned about the case, can we read the case files?" Wang Chuan asked.

"This is the case file." No matter how reluctant Lawyer Zhao was, he dared not show the materials to Wang Chuan and the others in front of the client.If that's the case, it will also make customers look down on them.

Wang Chuan and Jiao Heng exchanged opinions in low voices while flipping through the materials.After more than ten minutes, Wang Chuan put down the materials and looked at Mr. Luo and the other two.

"Mr. Gao, Mr. Li, and Mr. Luo, according to the relevant provisions of the "Social Insurance Law", "Provisional Regulations on the Collection and Payment of Social Insurance Premiums", and "Social Insurance Audit Measures", employers must register with the local social insurance agency for social insurance and participate in social insurance.

With regard to this case, because the employee has a labor relationship with your company, and your company is registered in Haidian District, your company should pay social insurance fees for employees at the social security agency in Haidian District.

As far as social insurance is concerned, according to the provisions of the "Social Insurance Law", employers should pay social insurance for employees who have labor relations.In other words, the employer cannot fabricate labor relations to pay social insurance for non-company employees.

From this point of view, your company's act of entrusting a third party to pay social security in a different place is flawed. "Wang Chuan said mildly.

"In addition, the social insurance in various provinces and cities across the country is not yet connected to the Internet, and they cannot be transferred to each other. As mentioned in the expert opinion, the phenomenon of entrusting a third party to pay social insurance on behalf of others is common in reality, and we often encounter it.

We believe that the non-local social security department does not strictly restrict the payment of social security in other places because it involves local interests, but regardless of it does not mean it is legal!
And as far as we know, many provinces and cities have begun to clean up the behavior of paying social insurance on behalf of and supplementing social security without actual labor relations.So we think your company's risk is still very high. "Jiao Heng said.

"We don't think so. Since the behavior of paying social insurance on behalf of others is common, it was ignored before, and the social security department acquiesced in this behavior, and even indulged in this behavior. Now it is suddenly controlled, and the court will not ignore this situation.

Besides, the payment of social security in another place is agreed by the employee himself, and the expert opinion must always be considered by the court. " Lawyer Zhao said.

In order to obtain this expert opinion, they spent a lot of favors and expenses. Although the expenses were paid by the client, they did the work.It can't be said that expert opinions are not used!Doesn't that obliterate your own work?

"Lawyer Wang, do you think the probability of winning this case is high?" Gao Mingzhe, who had been silent all this time, said suddenly.

"We think that your company does not have a clear legal basis to support this case, and only relies on expert opinions... The result is not very optimistic!" Wang Chuan shook his head and said.

None of the people present were fools. Wang Chuan said it mildly, but it could be seen from his attitude that the case would undoubtedly be lost.

"What about the expert's opinion, will the court use it as a basis?" Vice President Li pretended to be confused and looked at Lawyer Zhao before looking at Wang Chuan.What he said was a bit of a slap in the face.

He is just a vice president with no real power, and he can't get involved in the legal counsel.Vice President Gao, who was airborne, wanted to take this opportunity to make some achievements, let his superiors see his ability, and save capital for the reorganization of the leadership team early next year. He knew this.

He didn't want to get involved in any party's affairs. Although he appeared to be neutral, it seemed that he would help no one and offend no one, but in fact he wanted to wait until the water was muddy so he could fish and reap the benefits of the fisherman.

(End of this chapter)