Grassroots lawyers also have spring

Chapter 105 You Must Take Your Place First

"Actually, we are to blame for this. It is our internal mismanagement. The employee wanted a loan to buy a house before. The bank asked her to issue an income certificate. She found the male executive surnamed Jin. The male executive used his relationship to issue her an income certificate. I submitted an income certificate with a monthly salary of more than 9000.

The saleswoman took this income certificate to labor arbitration to prove her monthly income.As a result, the labor arbitrator just made the cut! "It can be seen that the beautiful woman is a little surprised by this result.

"Didn't your company send anyone to appear in court to participate in labor arbitration?" Zheng Yi asked.

"We sent a junior legal counselor, but the company didn't think it was a big complicated case, so we didn't pay attention, and sent a junior legal counselor who had just graduated a few days ago to hold a court session.

Our small legal level is limited. When the other party shows the proof of income, we will be fooled, and the result is like this. "The beautiful woman said helplessly.

"I saw a subpoena from the Suzhou Provincial Court. The other party has sued the Suzhou Provincial Court again?!" Zheng Yi was a little surprised. Didn't the other party have already won? Why did they still sue?
"Yes! The other party requested a relatively high amount in labor arbitration, and the labor arbitrator did not fully support it, so the other party took this as an excuse and went to the court to sue again.

However, we were also dissatisfied with the labor arbitration ruling and filed a lawsuit in Suzhou Provincial Court. " said the beautiful woman.

Zheng Yi and Wang Chuan met each other's eyes, and Lawyer Zheng smiled and said, "This is the other party's litigation strategy! In fact, your company can sue in the imperial capital."

"Litigation strategy? What do you mean?" The beautiful woman was a little confused, with doubts in her eyes.

"We have done a labor dispute case before, which is similar to your company's case.

Generally, in the case of your company, if there is no subsidiary or branch in other provinces, but only recruits employees from other provinces to work locally, the employees can file for labor arbitration at the actual place of work.Just like your case.

If dissatisfied with the result of the labor arbitration, both the company and the employee may bring a lawsuit to the court with jurisdiction in the place where the labor arbitration is located, or to the court where the company is registered.

That is to say, your company can sue in the court of Suzhou Province, or in the court with jurisdiction in the capital city where your company is located.The opposing party’s lawyer must have formulated a litigation plan when applying for labor arbitration. Once the award is received, it will immediately file a lawsuit in the court, and first determine the court with jurisdiction over the case. " Lawyer Zheng said.

"They sue first, what's the use of determining the competent court? Isn't it the same as the litigation procedure? Is the court in Suzhou Province different from the court in the imperial capital?" The beautiful woman wondered.

"The laws, regulations and litigation procedures applicable to court cases are the same, but as far as labor dispute cases are concerned, each province has its own control standards, and there will be different local regulations.

In addition, the competent court determined that in Suzhou, employees can save litigation costs. " Zheng Yi said.

"Saving litigation costs? What do you mean?" the beautiful woman asked.

"That's right, if your company's case is held in the Imperial Court, our law firm's fees generally range from 5000 yuan to 1 yuan, depending on the complexity of the case.

However, if the court is held in Suzhou Province, the lawyer's fee is generally more than [-] yuan, and the travel expenses are calculated separately and borne by your company.

If there is a second instance, the attorney fee will be discounted, but not too little.Now the other party has determined the jurisdiction in Suzhou Province, which has virtually increased your company's litigation costs. " Zheng Yi explained.

"Oh, so that's how it is!" The beautiful woman exclaimed, "You are really professional in labor dispute cases. There are so many arguments for such an inconspicuous lawsuit!"

"There is a specialization in the art industry! We just do more and do more research..." Zheng Yi boasted "modestly", with a look of complacency in his eyes.

The other party didn't know what was going on, but Mu Huaijin knew well that Wang Chuan was involved in all the labor dispute cases in the institute, and Zheng Yi was just playing by name, so he was so embarrassing!
But then again, you can’t say in front of clients that all labor dispute cases in the firm are handled by trainee lawyer Wang Chuan!
After all, Wang Chuan is still relatively young now, just a trainee lawyer. Due to his limited status, Mu Huaijin can't pack him up and push him up. The most important thing is that the client probably won't recognize him either.

In this case, it is better to put Zheng Yi in the front as a vase, let Wang Chuan practice for a while, and after he gets his lawyer's certificate, he will be entrusted with labor dispute cases and pushed him up.

Mu Huaijin intended to train Wang Chuan, but Wang Chuan who was sitting beside him didn't know it and was busy taking notes.

“To be honest, our company currently has two legal advisors, one in charge of pharmaceutical intellectual property rights and the other in charge of investment and financing.

But compared with you, they are not very professional in labor, so we intend to use this labor dispute case to hire a law firm as our perennial legal consultant.Specially responsible for dealing with internal issues such as labor and capital.

I work in personnel affairs. I know that labor is cumbersome and there are many legal regulations. Our company is developing rapidly and has a large number of personnel. The labor and capital aspects are relatively weak now, so we also need professional legal advice from external professional organizations to help us comply. manage. "The beautiful woman said very sincerely.

Mu Huaijin saw that the opportunity came, and hurriedly said: "Well, we still have some experience in labor and management, and can help your company prevent and control risks. Your company can consider it."

"OK, all right.

We hope that your firm will issue a written litigation plan and quotation for this labor dispute case. We will discuss it at the meeting the day after tomorrow afternoon, and finally determine the selection of the law firm handling the case and the perennial legal consultant. "The beautiful woman said solemnly.

"Okay, let's look at your company's information first, and we will provide your company with a lawsuit plan and quotation the morning after tomorrow at the latest." Mu Huaijin said confidently.

Mu Huaijin knew that the company that the ugly man and the beautiful woman belonged to was not an ordinary small and medium-sized enterprise, but a foreign-funded enterprise with an annual income of over [-] million yuan, and it had only entered the country not long ago, with great potential for development.

If they can win their company's labor arbitration case this time, they will have the opportunity to obtain their company's perennial legal counsel business.

As long as you can "cut" in, you are not afraid of not being able to get other business. The important thing is to rush in first, regardless of the size of the business, you must first occupy a seat. Thinking of this, Mu Huaijin felt a little excited.

It was almost twelve o'clock when the two parties finished discussing the case.Mu Huaijin planned to entertain the ugly man and the beautiful woman at noon, but the other party refused to accept the banquet.

After seeing off the ugly man and the beautiful woman, Mu Huaijin called Zheng Yi and Wang Chuan into her office.

"Lawyer Zheng, Xiao Wang.

You need to pay more attention to this client, they are a big company, as long as we can win today's case, there will definitely be a lot of business later. "Mu Huaijin said solemnly.

(End of this chapter)