Grassroots lawyers also have spring

Chapter 791 Breakthrough

"Our law firm is the labor special legal consultant of your subsidiary company. We can quote you according to the price of the legal consultant unit. The lawyer's fee for this case is 5000 yuan. If there is a second trial, the lawyer's fee will be another 1 yuan." Wang Wang Chuan Road.

"Well, Lawyer Wang, let's have a meeting for the next two days to study. This case is not a construction project case. We can apply for approval separately. Listen to my letter. If it is approved, I will ask Xiao Hu to contact you." Chang Xing Yue spoke very simply.He also wanted to get rid of these messy cases as soon as possible, and settle everything once and for all, so don't worry!

From the conversation just now, he felt that Wang Chuan was very honest and professional, and that this case was not a big deal, so he was going to directly entrust Wang Chuan as an agent to see Wang Chuan's true level.

"Okay, I'll wait for your news." Wang Chuan said with a smile.

On the next Saturday morning, Wang Chuan came to the law firm, and Yue Shan was also called by him. Today, Mr. Feng will come to handle the entrustment procedures for the retrial of the labor dispute case.

The two made notes for Mr. Feng, and received the case materials provided by the client. After sending Mr. Feng away, Wang Chuan and Yue Shan began to organize and analyze the materials.

"Wang Lu, this case is a bit interesting. The first instance ruled that there was a labor relationship between the client and FA Company, but the second and second instance overturned the judgment of the first instance and held that there was no labor relationship between the two.

From which point is it better to write the application for retrial?It seems to make sense, but it seems to be missing something. After Yue Shan saw the judgment of the first and second trials, she looked at Wang Chuan in a daze.

"This is what I think. Although FA has no labor contract with Mr. Feng, and Mr. Feng is a director appointed by the shareholders, it cannot be denied that Mr. Feng is definitely not a name in FA Company. He actually does the work, and commutes every day. FA company receives wages every month. Although the social insurance is paid through a third party, this does not deny the factual labor relationship between FA company and Mr. Feng.

In fact, Feng always provides labor to FA Company in exchange for labor remuneration.If you ask for leave, your wages will also be deducted. There are relevant statements in the two judgments, and the other party also admits it. "Wang Chuan said.

"You mean to make a fuss from this point?" Yue Shan thought for a while and said: "Well, the best breakthrough that can be thought of at present is only this point. If you follow the factual labor relationship, from the day when President Feng was dismissed There is no reason to ask for future wages and social security!"

"It's really hard to ask, because Mr. Feng is indeed not employed by FA Company. Although he has done a job, he is a director appointed by FC Company, a shareholder of FA Company. At that time, his labor relationship with FC Company was not terminated.

Moreover, besides serving as the chairman of the board at that time, Mr. Feng had no other positions in FA Company.If we follow the thinking of the first-instance judge and ask FA to pay the salary and social security money after dismissal, it is likely to be rejected by the Supreme Court.

So I want to find a breakthrough from the judgment of the second-instance judge. The entrustment relationship does not conflict with the labor relationship, and the law does not prohibit the coexistence of the two legal relationships. So there may be a glimmer of hope! "Wang Chuan thought for a while.

"Okay, then according to the idea you said, I will write a draft first and then review the application, and then you can revise it." Yue Shan said.

"Okay, it's past twelve o'clock now, let's go, I'll treat you to dinner today. Let's see who is working overtime outside." Wang Chuan said with a smile.

The lawyers of Yuanfang Law Firm are still very self-conscious. Due to the large number of cases recently, there are not a few lawyers and paralegals who come to the firm to work overtime on Saturdays and Sundays. Yue Shan counts more than ten lawyers.

Wang Chuan set up two tables in Wu's hot pot restaurant, inviting everyone to dinner and rewarding everyone.

On Monday morning, Yue Shan sent the application for retrial to Wang Chuan. After Wang Chuan revised the application, he asked Mr. Feng to meet and sign it that night.

因为最高人民法院接待申诉的时间为周一、周二、周四全天（上午08:30至11:30，下午01:30至04:30），周三全天不接待，周五下午不接待。所以周一王川准备完材料后，周二便去了位于小红门乡红寺村NO.40最高院的申诉立案大厅。

The procedure of filing a case in the Supreme Court is somewhat different from that of other courts.Of course, there are still many conveniences for lawyers here, such as going through the lawyer's passage, no need to go through security checks after entering the door, and there is a special lawyer window after entering the lobby on the first floor.

According to the type of the case, the judge will issue a form of the corresponding color to the lawyer. Because Mr. Feng's case is a civil case, the judge gave Wang Chuan a green form.

After Wang Chuan filled out the form as required, the judge preliminarily verified the content and materials of the form, stamped the form after verification, and told him to meet the judge at the interview area on the second floor.

As required, he went up to the second floor. Wang Chuan waited in line for a while before being called over.After entering the interview area, he was greeted by a male judge wearing glasses.

The male judge will carefully review the materials provided by Wang Chuan.In order to avoid a waste of time when the materials were returned, before coming, Wang Chuan asked experienced lawyers in the firm to go to the Supreme Court to check the materials and confirm that there were no missing materials.After all, he doesn't have many chances to come to the Supreme Court to file a case, so he needs an experienced lawyer to check the materials.

From the effect point of view, it is still necessary for a lawyer with experience in filing a case in the Supreme Court to check the materials. After the male judge has read the materials, he directly asks him to fill out the address confirmation letter and the litigation materials collection list.

After Wang Chuan submitted the confirmation letter and list to the judge, the male judge picked up the application for retrial and took another look at it expressionlessly.

"The reasons in your application are a bit far-fetched! Are you sure you want to apply for a retrial?" the male judge smacked his lips.

"We believe that although the applicant was sent by the shareholder to the respondent to serve as the chairman, the applicant has indeed been providing labor for the respondent, and you can see that the applicant asked for leave several times, and the respondent deducted his salary. Salary, which shows that the respondent's rules and regulations apply to the claimant.

In addition, the respondent paid the claimant a salary on a monthly basis, all of which were very consistent with the requirements of the labor relationship. Although no labor contract was signed, the two parties had a de facto labor relationship. "Wang Chuan said.

"Okay, I'll accept the materials first." After the male judge finished speaking, he signed and stamped the "Supreme People's Court Special Seal for Collection of Litigation Materials" on the litigation materials receipt list.

At this point, the lawyer can leave.But if you think that the filing of the case is completed, you are very wrong. This is the preliminary acceptance, and you still need to wait for the notification of the Supreme People's Court whether to file the case.

Wang Chuan left the filing hall and got into the car, feeling a lot more at ease. The rest of the work will be notified of the successful filing of the case by the Supreme Court.

(End of this chapter)