Grassroots lawyers also have spring

Chapter 789
"By the way, Lawyer Wang, I don't understand something about Mr. Feng's case. Why is the court of first instance in his case the intermediate court and the second instance is the provincial high court?
I remember that our company's cases are the first instance of the district court and the second instance of the intermediate court! Gao Mingzhe picked up the verdict and looked at it, then frowned and asked.

He is not a lawyer, nor does he have a background in law, so he naturally does not understand what jurisdiction is (in fact, even if he is a student of law, he may not understand the issue of jurisdiction).

"Because the company Mr. Feng works for is a foreign-funded company, according to the Supreme Court's regulations on jurisdiction, the case where one of the parties is a foreigner is under the jurisdiction of the intermediate court. Therefore, the first instance of Mr. Feng's labor dispute case is under the jurisdiction of the local intermediate court, and the second instance is natural. It is under the jurisdiction of the Provincial High Court.

The application for retrial is under the jurisdiction of the Supreme People's Court. " Wang Chuan explained.

"Oh, that's it! It's the first time I've seen a labor dispute case go to the Supreme Court!" Gao Mingzhe was very curious.

After the three chatted for a while in the teahouse, they ended their conversation.

On Wednesday, Gao Mingzhe sent Wang Chuan a WeChat message, saying that he had already made an appointment and asked him to go with him to the legal department of ZJ Bureau [-] on Friday afternoon the day after tomorrow.

Wang Chuan wanted to make preparations in advance and asked Gao Mingzhe what legal questions the other party would ask, but Gao Mingzhe didn't know, so he had to go and talk.Wang Chuan couldn't understand why Gao Mingzhe wanted to help him.

In fact, Gao Mingzhe didn't mean to do it. Before he went to the head office to make a small report. In order to highlight the agency employees' complaints about the unprofessional lawyer in the social security case, he deliberately submitted the legal opinion of the case provided by Yuanfang Law Firm to the legal department.

Then Gao Mingzhe introduced Wang Chuan and Yuanfang Law Firm in front of his backer, an executive vice president, and praised him again.

His fundamental purpose was to tell the executive vice president and the general manager of the legal department that the legal consultant he selected was a professional, and that the lawyer he had hired to represent the case was just fooling around. As a result, the company suffered heavy losses.What he said inside and outside the meaning is: the current leader of the construction company is incompetent, full of private pockets, and has his own insight.

It has to be said that he still understands the thoughts of the leaders above. The construction company has long had opinions on the current leadership team, and there will be several anonymous letters of report every year.

The leaders above also had some criticisms about the leadership team of the construction company, but the internal relationship of the state-owned enterprise was complicated, and it was difficult to find a suitable reason for a while, and it was not easy to start without evidence.

His lobbying paid off. As the Social Security Center demanded to pay the social security expenses of [-] employees continued to ferment, more and more leaders showed dissatisfaction with the leadership team of the construction company.

At this time, Wang Chuan and Yuanfang Law Firm also came into the field of vision of the legal department of the ZJ First Bureau.With such a large company and so many employees, it is impossible to have no disputes, so naturally there is room for Wang Chuan to come into play.

Recently, the legal department encountered a case that gave them a headache. It was not that the people in the legal department were not professional enough, but that they had more contact with construction engineering cases, and they had less experience in other cases, and the lawyers hired outside They all came here for construction projects, they were not good at other cases, and they were unwilling to take other cases.That's why Yuanfang Law Firm was given a chance.

On Friday, Wang Chuan followed Gao Mingzhe into the office building of ZJ No. [-] Bureau, took the elevator up to the eighth floor, and found Chang Xingyue, the general manager of the legal department.

Chang Xingyue was a tall man, a typical big man from Lu Province, and he was very forthright.

"Lawyer Wang, Mr. Gao has praised you a lot here. He said that you are very professional and dedicated to your work. I have read your introduction. When I saw you today, you are indeed young and promising!" In the conference room, Chang Xing Yueha laughed.

"Mr. Chang is over the top! I'm just a small lawyer, and if I'm entrusted with loyalty, I have to be worthy of my clients!" Wang Chuan said with a smile.

"Lawyer Wang, you don't need to be modest, being able to become a member of the legal advisory committee of the Federation of Trade Unions shows that you have real talents and practical learning.

I invite you to come here this time. First, I will discuss with you about the payment of social security by the construction company; second, I would like to consult you on a few things. "Chang Xingyue smiled.

"Tell me, I will know everything without saying anything!" Wang Chuan said.

"Okay, the social insurance center has issued a notice about the construction company's payment of social insurance, and we have also read the legal opinion issued by your firm. Our head office wants to use this opportunity to rectify the employment of the following companies. Are you not interested in participating?" Chang Xingyue asked.

"I wonder when your company will start to rectify?" Wang Chuan asked.

"The bidding process will start soon, and the tentative time is to start in January next year. Our legal department and external lawyer team will jointly screen the following companies and supervise the rectification." Chang Xingyue said.

"No problem! Labor business is what our law firm is good at. Our labor team has done many labor compliance projects before. What you said is exactly our normal business." Wang Chuan said.

"That's great! Recently, I asked someone to send you a bid invitation letter." Chang Xingyue said: "That's it. There is another matter that I need to consult with you. Hu, please introduce the situation to Lawyer Wang. "

The girl sitting next to Chang Xingyue smiled and looked at Wang Chuan: "Lawyer Wang, there is an employee in our company's finance department who has been employed for two years. There are no big mistakes, but there are many small ones.

The finance department didn't want to use this person anymore, but there was no legal basis for dismissing him. Later, the finance department wanted to transfer him to a project department in another province as a financial specialist.But he won't go.

We consulted a lawyer, and the lawyer said that the labor relationship can be terminated on the grounds that the employee does not obey the management.Lawyer Wang, can we use this as an excuse to terminate the labor relationship? "Little Hu Wen said.

"Where is the agreed work place in the labor contract signed between your company and this employee?" Wang Chuan asked.

"The working location is agreed to be in the imperial capital, but as stipulated in the contract, the company has the right to adjust the working location according to the actual situation." Xiao Hu said.

"According to Article 30 of No. [-] of the Labor Contract Law, the employer and the employee may change the content of the labor contract through consensus.

The work place stipulated in the labor contract is in the imperial capital, and your company transferred him to other provinces to work, which in itself violates the labor contract. If the two parties fail to negotiate, your company cannot unilaterally adjust his work place.

As for the clause stipulated in the labor contract that the company can unilaterally adjust the employee’s workplace, in judicial practice, this clause is considered to be a standard clause, which damages the rights and interests of employees, and the court generally does not recognize its validity.

If the labor relationship between the two parties is terminated in this way, there is a high probability that your company will lose the lawsuit, and the court will handle it as an illegal termination of the labor relationship. "Wang Chuan said.

(End of this chapter)