Grassroots lawyers also have spring

Chapter 788 Retrial!

"I applied, but the Labor Arbitration Commission said that my case was not within the scope of the Labor Arbitration Commission's management, and gave me a notice of inadmissibility.

Later, a friend introduced me to a barrister from the Red Circle, and I entrusted that lawyer to represent my case. The court of first instance ruled: 36. FA Company paid my salary from March to September 680 , a total salary of [-] yuan; [-]. The FA company returned to me, from April to November [-], the five insurance and one fund expenses that should be borne by the company, a total of [-] yuan. Eighteen cents.

My other claims were then dismissed. As Mr. Feng said, he took out the verdict and handed it to Wang Chuan: "This is the verdict of the first instance." "

"Do you have any other materials on hand, please give them to me! Let me take a look." Wang Chuan said.

"Okay, it's all in here." Mr. Feng said and handed a thick plastic file bag to Wang Chuan.

"After the judgment of the first instance, I was satisfied with the price comparison and didn't want to make any more trouble. But the company refused and filed an appeal.

The court of second instance held that my chairmanship was appointed and dismissed by FA's shareholder FC, and that I was not a worker employed by FA, ​​and there was no agreement to establish a labor relationship with FA.

In addition, the second-instance court also held that, except for the chairman, I do not hold any position in FA, and all my work is to fulfill the entrustment and assignment of the shareholder FC Company, which does not conform to the labor relationship that should be recruited by the employer and employed by the employer. Various rules and regulations govern and engage in paid labor characteristics arranged by employers.

Therefore, the court of second instance held that there was no labor relationship between me and FA.Finally, the court of second instance ruled to revoke the civil judgment of the court of first instance.

You see, the content of the judgment of the first instance and the second instance is exactly the opposite, which confuses me too! "President Feng said.

"Is your social security paid by a third party?" Wang Chuan asked after reading the verdict.

"Yes! It's the social security paid by the foreign service company entrusted by FA Company." Mr. Feng said.

"Mr. Feng, you and Mr. Gao drink tea first. Try the refreshments here. The taste is quite good. I look at the case materials." Wang Chuan said with a smile.

"It's okay, you see." After speaking, Mr. Feng and Mr. Gao waited for Wang Chuan to read the materials while drinking tea.

Half an hour later, Wang Chuan put down the materials in his hand: "Mr. Feng, do you want to apply for retrial?"

"Yes, I can't swallow this breath. I don't care how much money I can get back, as long as it allows me to vent my anger." Mr. Feng said.

"Did the lawyer who represented you before give you any advice?" Wang Chuan asked.

"He said that the other party must have found someone, otherwise the court would not have made such a judgment. I want him to go on to help me with a retrial, but which lawyer said that he has too many cases in his hand and cannot be arranged or accepted. My retrial case." Mr. Feng said.

"There are too many cases! I think he is deliberately making excuses and doesn't want to accept your case for retrial." President Gao interjected.

"Well, retrial cases are not easy to do. There are few cases that can be retried and successfully filed. In addition, the probability of winning is low. It consumes more energy for lawyers than the first and second trials. Labor cases are not high, so many lawyers don't We will accept the retrial of the labor case," Wang Chuan said.

"Lawyer Wang, you are so right. I have sought several lawyers, but no one is willing to represent me in this case." Mr. Feng said with an expression that he finally found a confidant.

According to Wang Chuan, Mr. Feng was deeply touched. He had hired many lawyers before, but no one was willing to take the job. Some lawyers even refused to discuss the case after hearing that it was a retrial.

However, there were two lawyers who were willing to take his case. One of them said that he had a relationship in the court and needed to pay for the relationship, and asked him to pay for the relationship first. Mr. Feng felt that the other party was a big liar and did not agree; the other The lawyer patted his chest on the wine table, everything was fine, and Mr. Feng felt that the other party was drinking too much and talking nonsense, which seemed unreliable.

"You are the chairman of FA company, what are you responsible for?" Wang Chuan asked.

"I am mainly responsible for financing business and financial management in FA company. There are also some internal and external coordination work. I provided some materials in the previous court session, and FA company also recognized my work content." Mr. Feng said.

"Does the company's management system apply to you?" Wang Chuan then asked.

"Well, I also have to abide by the company's rules and regulations. But I really haven't signed a labor contract with FA company, I only signed a labor contract with FC company." Mr. Feng said.

"I read in the judgment that your salary has been paid by the FA company. Is that true?" Wang Chuan asked.

"Yes, since I was transferred to FA company, my salary has been paid by FA company. This is no problem." Mr. Feng said.

"What's the status of FA company now? Is it still operating normally?" Wang Chuan asked.

"No, FA company had already entered bankruptcy proceedings when I sued last year. Later, the company was declared bankrupt without a verdict in the second trial." Mr. Feng said.

"I personally think that the judgment of the court of second instance is still somewhat flawed, I can try it.

Although you are appointed by FC Company to serve as a director of FA Company, there is no conflict between the entrustment relationship and the labor relationship, and you can have both.

I think that although you did not sign a labor relationship while you were working in FA, your wages were paid by FA, ​​and you have been providing labor for FA company, which has been constrained by the company's rules and regulations, which has constituted a de facto labor relationship.

Of course, this is an analysis from the perspective of legal relations. As for whether I can get the money back and how much money I can get back, I can't guarantee it. "Wang Chuan frowned and said.

Although Wang Chuan has not had much contact with bankruptcy law, his intuition tells him that FA Company has been declared bankrupt. Even if the court really orders FA Company to pay certain compensation to Mr. Feng, it may be difficult for Mr. Feng to get the money.In the end, only one piece of paper can be obtained.So it is necessary for him to remind Mr. Feng, so as not to complain.

"Lawyer Wang, I'm prepared for this, but I just can't swallow it. If you represent my case, how much is the lawyer's fee?" Mr. Feng asked.

"With Mr. Gao here, I'll charge you 2 yuan for the lawyer's fee for this case. What do you think?" Wang Chuan said.

"Yes! No problem." Mr. Feng said.

"Okay, come to our law firm tomorrow, and let's go through the formalities." Wang Chuan said.

"Lawyer Wang, can we make another appointment?

I have already resigned from FA and FC companies, and I am working as a senior executive in another foreign company. The working hours are not convenient to go to your office. Can you find a rest day and I will go to your office to find you? "President Feng said.

"Yes. You can come here on Saturday. I have the address on my business card. Call me when you arrive." Wang Chuan thought for a while.

"Okay, at ten o'clock in the morning on Saturday, I will go to find you. You can take these materials. I have another set in my hand. The originals are all in my hand." Mr. Feng said
(End of this chapter)