Lawyer

Chapter 170 This operation is too hot!

"I also heard from my colleagues in the legal department. It is said that five old employees were suddenly fired by the company. They refused to accept it and applied for labor arbitration. The court will start next week." Liu Yuan said.

"Oh? Labor arbitration! It shouldn't cost much!" After Fang Yi finished speaking, he took a deep breath.

"More than 100 million!" Liu Yuan said with a cigarette in his mouth.

Cough, cough, cough... After listening to Liu Yuan's words, Fang Yi was choked by the smoke in his mouth, almost snotted and burst into tears: "More than 100 million, how can you ask for so much?"

"Yeah, I don't understand either. I asked for a copy of the case materials, can you take a look?" Liu Yuan said.

Fang Yi was startled, and thought to himself: Hehe, feelings are waiting for me here, I said it was a treat for no reason.After being short-spoken, since they have prepared all the case materials, it doesn't matter to take a look, since they are idle anyway.

"Okay!" Fang Yi smiled.

Liu Yuan took out the printed case materials from his leather bag and handed them over. After Fang Yi took them, he flipped through them: "Manager Liu, why are you suddenly concerned about the company's lawsuits?"

Liu Yuan was taken aback, and immediately said: "Lawyer Fang, don't think too much. I have no intention of suing the company for compensation. Recently, the higher-ups talked to me and planned to promote me to be the vice president after the vice president retires next year. I It’s also for the sake of the company.”

He was really afraid that Fang Yi's thinking would be wrong, and he would say something unfavorable to Yu Mantang or Gao Jinlan. If that happened, his future would be lost, and that would be self-defeating.

"Yo, this is a good thing, no, I have to toast you. Congratulations on your promotion in advance." Fang Yi picked up the wine glass, saw Liu Yuan's face changed, and added: "That's all I said just now, Manager Liu, Don't worry too much."

Liu Yuangao's promotion is only good for Fang Yi and not bad for him. There are many high-ranking and powerful executives in the leasing company who have a good relationship with him. Tube is not.

"Thank you, Lawyer Fang. As long as I am promoted, I will never forget you." Liu Yuan's fat face was full of smiles.

After Fang Yi put down his wine glass, he began to look at the case files. After a while, he was surprised and said, "Wo Cao, your company's personnel department really has no one's operating methods."

"What's the matter?" Hearing what Fang Yi said, Liu Yuan immediately had a premonition that this case was not simple, and his eyes sparkled.

"The five people in your company have worked for almost four years and six months, and each of them has signed nine labor contracts. That is to say, every employee signs a labor contract every six months from the beginning of employment. Some are three months (extended for another three months) and some are six months."

As he said that, Fang Yi took out a labor contract of one person and said, "Look at this labor contract named Wu Sanshui.

第一份劳动合同：期限自2009年1月1日至2014年8月30日，试用期3个月，2009年3月31日，公司发送试用期延长通知书，延长试用期3个月。

第二份劳动合同：期限自2009年7月1日至2014年8月30日，试用期3个月，2009年9月30日，公司发送试用期延长通知书，延长试用期3个月。

第三份劳动合同：期限自2010年1月1日至2014年8月30日，试用期6个月。

第四份劳动合同：期限自2010年7月1日至2014年8月30日，试用期3个月，2010年9月20日，公司发送试用期延长通知书，延长试用期3个月。

第五份劳动合同：期限自2011年1月1日至2014年8月30日，试用期3个月，2011年3月30日，公司发送试用期延长通知书，延长试用期3个月。

第六份劳动合同：期限自2011年7月1日至2014年8月30日，试用期3个月，2011年9月25日，公司发送试用期延长通知书，延长试用期3个月。

第七份劳动合同：期限自2012年1月1日至2015年8月30日，试用期3个月，2012年3月25日，公司发送试用期延长通知书，延长试用期3个月。

第八份劳动合同：期限自2012年7月1日至2015年8月30日，试用期6个月。

第九份劳动合同：期限自2013年1月1日至2016年8月30日，试用期3个月，2013年3月26日，公司发送试用期延长通知书，延长试用期3个月。

On June 29, [-], your company issued a notice of dismissal during the probationary period to Wu Sanshui on the grounds that he was not qualified for the job.

Look at the employee's labor contract probation period time setting, and then you will understand! "

Following Fang Yi's guidance, Liu Yuan took the labor contract and looked at it one by one, and slowly frowned: "Worthy, stupid, what a fucking grandson, the employee has worked for more than four years and has been in the probationary period! This operation is too TM coquettish!

Lawyer Fang, is it legal to sign a labor contract like this? "

"How many labor contracts in your company are signed in this way?" Fang Yi asked instead of answering Liu Yuan's question.

"I really don't know about this. The labor contracts of our business department don't seem to be signed in this way. They are signed for three years, or once a year." Liu Yuan recalled.

"Well, it is definitely illegal to sign a labor contract like this. Your company must have lost this lawsuit. The compensation is certain, but it may not be that much." Fang Yi said.

"How do you say that?" Liu Yuan asked in confusion.

Fang Yi thought for a while and said, "I remember that the second paragraph of Article No. 19 of the "Labor Contract Law" clearly stipulates: 'The same employer and the same worker can only agree on a probationary period once.'

The purpose of this clause is to prevent employers from repeatedly "trying out" workers by strictly limiting the number of probationary periods, which will damage the legitimate rights and interests of workers.Your company's behavior is exactly in violation of this provision.

However, Article 80 of No. [-] of the law stipulates that "if the employer violates the provisions of this law and agrees on the probation period with the laborer, the labor administrative department shall order it to make corrections; Compensation shall be paid to the laborer according to the completed period exceeding the statutory probationary period based on wages. '

These employees must have consulted a lawyer before writing the arbitration application.The compensation for the illegally agreed probationary period = monthly salary at the end of the probationary period × the period that has been fulfilled beyond the statutory probationary period, this formula they used is correct.

But it is a pity that the lawyer they consulted is not good at business. When calculating the compensation for the illegally agreed probation period, he forgot that the statute of limitations for labor arbitration is one year.

According to the first paragraph of Article 20 of the "Labor Dispute Mediation and Arbitration Law", the limitation period for applying for arbitration of labor disputes is one year.The limitation period for arbitration shall be calculated from the date on which the parties know or should know that their rights have been infringed'.

Wu Sanshui filed an application for arbitration on July 2013, 7, and it will be postponed 10 months from the date of application for arbitration. It is impossible for the arbitration committee to support the compensation that has exceeded the probationary period of the one-year limitation period for applying for arbitration. of. "

(End of this chapter)