Grassroots lawyers also have spring

Chapter 790 Personal Damage Case
"Lawyer Wang, we also had an employee who didn't go because of a change of work location. The court treated it as absenteeism. Why was it deemed illegal to terminate the labor relationship this time?" Xiao Hu was a little puzzled, but also a little unconvinced. After all, she had a case in hand, so she didn't quite understand Wang Chuan's answer.

Gao Mingzhe and Chang Xingyue were both present and listening. After Xiao Hu finished speaking, the two looked at Wang Chuan.

"How did the work location of the case you mentioned change?" Wang Chuan asked with a smile.

"The employee used to work at China World Trade Center. Later, our company moved to Fengtai. His family in Chaoyang found an excuse not to come. In the end, we sent him a notice and terminated the labor relationship on the grounds of absenteeism. Later, he applied for labor arbitration. , and then filed a lawsuit with the court, and the court rejected his claim and supported us." Xiao Hu said proudly.She represented the case, so she knows the facts of the case relatively well.

"How far is the distance between these two places of work? How about starting from his home?" Wang Chuan asked.

"It shouldn't be too much difference. If there is no traffic jam from his home to Guomao, it will take about three to 10 minutes to drive. If there is a traffic jam, it will be hard to say.

It takes about 50 minutes to drive from his home to the company's office building in Fengtai.The traffic conditions are relatively good, with few traffic jams. "

"That's right! That case is different from this one.

For labor dispute cases caused by the company's adjustment of the office location, the court will look at the rationality and legality of the employer's adjustment of the workplace.

The reason why your company won the case before is that the scope of the company's adjusted work location is within the imperial capital, which has little impact on the life and work of the employees.The commuting time within one and a half hours in the imperial capital is considered normal, and the judge will judge the rationality of changing the workplace based on common sense in daily life.

In addition, the adjustment of your company's job position is not for him alone, but for the entire company. Therefore, if the other party does not come to work, he can terminate the labor relationship on the grounds of absenteeism.

The case of your company is different. Originally, the employee worked in the imperial capital, but now your company wants to transfer her to other provinces, which will have a great impact on the daily life of the employee, which is beyond the scope of rationality. It needs to be negotiated with the employee. Otherwise, it will constitute an illegal termination of the labor relationship. " Wang Chuan explained.

"Well, I understand!" Xiao Hu said so, but he was still a little unconvinced.

"Little Hu, tell Lawyer Wang about that case." Chang Xingyue said.

"Lawyer Wang, I have to trouble you. We recently received a summons from the court. An employee sued the company. The court will be held at the end of the month. Here are the case materials. You can read them." Xiao Hu said and handed the materials to Wang Chuan.

"What happened was like this. An employee of our company fell off the bed while sleeping in the dormitory. At that time, we sent employees to send him to the hospital. After treatment, he has recovered. Now this employee claims the company for personal injury. Pay more than 28 yuan." Xiao Hu introduced.

"I see that the other party pointed out in the complaint that the beds provided by your company and the stairs for getting on and off the beds do not meet the national standards; in addition, the other party believes that the dormitory is a public place, and your company is the manager of the dormitory. The company bears 70.00% of the responsibility and pays more than 28 yuan in compensation.

This type of case is a personal injury case, not a labor dispute case. We have also encountered such cases. Consulting units often have similar cases. We still have some experience in handling them. "Wang Chuan said.

"Lawyer Wang, do you think the other party's request is tenable?" Chang Xingyue asked.

"First of all, I think that the other party's claim that the dormitory is a public place is inherently problematic. A public place is a general term for all public buildings, places and facilities used by the public to work, study, communicate, rest and meet some of their living needs.

In typical public places such as libraries, hospitals, movie theaters, restaurants, etc., if a customer is injured in a restaurant, the restaurant staff will be responsible for safety if they choose to stand by and do nothing.

Of course, it also depends on the kind of personal injury. If it is an earthquake or other force majeure, the restaurant is definitely not responsible; if it clearly sees someone being beaten and neither calls the police nor stops it, it will be responsible for safety guarantees.Apparently dormitories are not public places.

Needless to say dormitories, even dormitory buildings are not accessible to everyone, only certain groups can enter and exit, which can barely be regarded as a public place, but the dormitory is definitely not a public place, strictly speaking, it should be regarded as a private place for employees.

The dormitory is a place for specific personnel to live and rest. It is not allowed to enter without permission, and it is a private place.If an employee falls off a bed in a dormitory and is injured, the company should not be held responsible for safety and security.

As for the question raised by the other party that the bed does not meet the national standard, because we have not seen the actual product and we have not checked the relevant national standard, so I am not in a position to express my opinion.

However, if your company’s beds are available for inspection with bills, even if the court really decides that your company is required to bear the responsibility due to the quality of the bed, your company can still claim compensation from the manufacturer. "Wang Chuan said after reading the materials.

"There should be no problem with the beds. Our company purchases them from JD.com. You can find them if you have invoices and manufacturers." Xiao Hu said.

"Well, then there is no big problem. At present, the main thing is to determine the national standard of the bed, because we have not specifically studied the national standard and relevant regulations of the bed, so this kind of problem needs to check the relevant standards." Wang Chuan said truthfully.

Needless to say Chang Xingyue, this kind of thing can be understood even by Gao Mingzhe who doesn't know the law. Knowing the national standard for beds is hell.

"Well, Lawyer Wang, according to what you said, we should win this case, right?" Xiao Hu asked.

"I dare not guarantee it, but judging from the current materials, the probability of winning is very high." Wang Chuan said.

"There is another small question, why did the other party ask us to take 70.00% of the responsibility instead of all the responsibility?" Xiao Hu asked at a loss.

"This may have been inferred by the other party based on the regulations on personal injury. In the cases we have handled in the past, the responsibility of the management side generally does not exceed 30.00%, about 20.00% to [-]%. In between, the judge can decide according to the circumstances of the case." Wang Chuan said.

"Lawyer Wang, if this case is entrusted to your company, how much will the lawyer's fee be?" Chang Xingyue asked after thinking about it.

(End of this chapter)