Grassroots lawyers also have spring

Chapter 948 This kind of thinking is very strange!
On this day, Wang Chuan was reading documents in the office when Du Wenhui walked in.

"Wang Lu, do you have time tomorrow afternoon?" Du Wenhui asked.

"I have time, but I don't have any arrangements for now! What's the matter?" Wang Chuan raised his head and asked.

"Tomorrow, there will be three clients requesting to come to our door. Two of them have already made an appointment with Martin Clothing Company and the other is an insurance company. I will go to Martin Clothing Company tomorrow morning, and Lawyer Jiao Heng will go to the insurance company.

The remaining CM company was temporarily appointed by Mr. Situ. She wanted to consult about labor issues, and we couldn't arrange it.If you have time, help us go! "Du Wenhui said.

"Okay, no problem, what time?" Wang Chuan asked.

"President Situ made an appointment at 10:30 in the morning! We will meet in their company's conference room." Du Wenhui said.

"Okay, leave it to me. I'll go see Mr. Situ tomorrow." Wang Chuan said, "By the way, how many clients have legal fees below [-] yuan? Is the proportion high?"

"It's not much anymore. Since last year, we have consciously screened out some low-fee clients. Now, regular law clients with legal fees below 30.00 yuan should account for less than [-]%. The rest are mainly legal consultants of large enterprises and government departments. Lord." Du Wenhui thought for a while.

"Well, continue to compress this year, try to compress it to less than [-]%, and devote most of our team's energy to large customers with higher returns.

Recently, Shen's Group is going to invite bids for the regular law, and we will also participate. If we win the bid, we must send senior lawyers to provide services.This is a large company, as long as they are captured, the annual legal fee of tens of millions is not a problem. "Wang Chuan said.

"Well, don't worry, I will definitely arrange lawyers with strong professional ability to provide services for them.

There are a total of twelve trainee lawyers this year, how many of them will we keep after we become regulars? "Du Wenhui asked.

"You ask for everyone's opinions. After all, you are an intern in your own law firm. You know the basics. If you are really good, you can stay, but you must rather be short than excessive. The total number of retained people should be controlled within ten." Wang Chuan said.

Now Du Wenhui is responsible for the arrangement and regularization of trainee lawyers in the law firm, but Wang Chuan is still in charge of the control of the number of lawyers in each department of the law firm.

"Okay, I'll make arrangements now." Du Wenhui said and left the office.

Early the next morning, He Bin sent Wang Chuan to CM Company, and Situ Ting, general manager of the legal department, received him.

"Mr. Situ, I heard from my colleagues in the office that your company has something to consult. What's the matter?" After a few polite words, Wang Chuan asked.

"Well, we do have a labor-related question to consult. We have a company in Yu Province, which is our wholly-owned subsidiary. Let Sun Xing tell you the specifics!" After finishing speaking, Situ Ting signaled to the legal affairs Commissioner Sun Xing, you can begin.

"Lawyer Wang, here is a copy of the labor arbitration award and the court's judgment, please take a look, and I will introduce the case to you.

There is an employee in our company in Yu Province, surnamed Gao, who joined the company on January [-], [-]. He has been working as a workshop worker in the company in Yu Province. The contract was not discovered until June [-], and the labor contract was re-signed later.

In July [-], because of his misoperation and caused losses to the company, according to the provisions of the employee handbook, the Yuxing company sent him a notice to terminate the labor relationship, and he also cooperated with the company in the resignation handover.

Later, the employee surnamed Gao applied for labor arbitration on the grounds that the Henan Provincial Company had not signed a labor relationship according to the law and demanded more than 3 yuan in compensation.The Labor Arbitration Commission rejected his application for arbitration on the grounds that the statute of limitations for arbitration was exceeded.

Later, he filed a lawsuit with the court. This labor dispute case was handled by Yuxing Company itself, and a local lawyer was hired.

The court held that from January 3000, [-] to June [-], [-], it was a fact that Yuxing Company did not sign a labor contract with the employee surnamed Gao. In accordance with the provisions of the Labor Contract Law, employees should be paid six months' wages, which is [-] yuan, according to the salary standard of [-] yuan per month agreed in the contract.

After the verdict came out, Yuxing Company filed an appeal, and the attorney believed that the lawsuit of the employee surnamed Gao had exceeded the statute of limitations for arbitration and should be rejected.

However, the court held that although the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" stipulates that the statute of limitations for labor disputes to apply for arbitration is one year, it does not deny that the legal rights of the right holder will lose the remedy after the one-year statute of limitations applies for arbitration.

According to Article 70 of the "Labor Contract Law", if the legitimate rights and interests of the laborer are violated, they have the right to request the relevant department to deal with it according to the law, or apply for arbitration or file a lawsuit according to the law. Article 130 of the "General Principles of Civil Law" stipulates: "The limitation period for applying to the people's court for the protection of civil rights is two years. (At this time, the Civil Code has not yet been implemented, and the limitation period has not been adjusted to three years)
The court held that although the application for arbitration in this case was rejected for more than one year, the request to the people's court for protection of its civil rights and interests did not exceed the statute of limitations.Therefore, our appeal was dismissed and the original judgment was upheld.

After we got the verdict, we were immediately stunned. Forgive us for our ignorance. We have never seen such a verdict before. It subverts the three views!Isn't the court's imagination too big! "Sun Xing looked at Wang Chuan in surprise.

Wang Chuan scanned the court judgments of the first and second instance, put them down, thought about the wording, and organized the language: "Labor dispute cases have a strong regional character, and even if they are in the same area, different courts, or even the same court Different judges may give completely opposite verdicts on the same case.

However, as a senior lawyer, I have to admit that the content of this judgment has subverted my three views. Not only that, it also subverted the current mainstream views in the judicial circle! "

(This case is a real case and not fabricated by the author. The judge may have a background in writing novels. He couldn’t sign the contract and changed his career to become a judge. Otherwise, the brain hole could not be so big, and the admirable five-body cast is convincing. As for why, please read below)

Situ Ting and Sun Xing were not surprised by Wang Chuan's words, because they had checked the relevant regulations and cases before, and felt the same as Wang Chuan.

"Let me ask first, when your company's subsidiary in Henan Province re-signs the labor contract, when is the payment date on the labor contract? Is it the first day of employment in [-]?" Wang Chuan asked.

"Yes, although it is a supplementary labor contract, the time is dated, and the payment date is the first day of employment." Sun Xing said: "This is a copy of the labor contract."

"Well, first of all, about the statute of limitations of this case.

To be honest, this is the first time I have seen such a judgment. In the labor arbitration stage, the one-year arbitration statute of limitations applies, and after arriving in the court, the two-year litigation statute of limitations applies!
This means that it is obvious that the labor arbitration stage and the court litigation stage apply their own regulations, and the regulations of both parties are not universal.I have to say that this idea is very wonderful! "Wang Chuan said
(End of this chapter)