Grassroots lawyers also have spring
Chapter 211 One face of astonishment!
Chapter 211 Surprised face!
"However, the "loyalty agreement" between husband and wife should be signed by both husband and wife voluntarily in accordance with the principle of good faith. Although the law does not prohibit the signing of such agreements, it does not endow such agreements with enforceability.
We believe that if the court grants the "loyalty agreement" legal force, it is equivalent to encouraging one of the husband and wife to sign such an agreement in order to tie the other party before marriage or during the marriage. Violation will also increase the cost of marriage, causing the marital relationship based on mutual affection and trust to deteriorate.
In addition, we believe that the "loyalty agreement" is essentially a moral category, and should be traveled voluntarily by both parties. If one party is willing to give up all property, it is good to leave the house; if one party is unwilling to perform the agreement, the court should not compel him to travel .
As for the custody of the children, the daughter of both parties has reached the age of ten, and the defendant respects the opinions of the children. At the same time, the defendant hopes to go to school with the judge to seek the opinions of the children. "Wang Chuan said immediately.
"Okay, today's trial is here, but we don't recommend both the plaintiff and the defendant to come with us to see the child, as this may affect the child's judgment. We will give the child's opinion back to both of you. Adjourn! "After the middle-aged female judge finished speaking, she rang the gavel.
"Lawyer Wang, what do you think the court will do?" Zhai Yong asked as he walked out of the gate of the court and stood by the side of the road.
"It's hard to say, but I don't think it's very possible for you to leave the house without leaving the house. I have to award some property to you anyway." Wang Chuan thought for a while.
"Well, Lawyer Wang, I'll have to work hard on you later!" Zhai Yong said, "Are you going back to the office or..."
"I'll go home directly." Wang Chuan checked his phone and it was past four o'clock in the afternoon.
"Let's go, I drove here today, just to see you off. Let's chat in the car." After speaking, Zhai Yong walked towards the black Mercedes-Benz beside him.
The weather in August was still very hot. When Wang Chuan arrived home, it was already after five o'clock in the afternoon. He carried his briefcase and unbuttoned two of the top buttons of his shirt.
Even so, when he went upstairs and took out the key to open the door, his head was covered with sweat, and the back of his shirt was also wet, making his body very sticky and uncomfortable.
As expected, the two tenants in the same room were not there. Wang Chuan hurriedly turned on the air conditioner, and then ran to the bathroom to take a shower.After leaving the bathroom, he wore cheap underpants and a hurdle vest bought from a roadside stall in the commercial street of the ancient city, and took out the induction cooker and a frying pan to cook instant noodles.
Five minutes later, the instant noodles came out of the pot. After he sprinkled the seasoning, he took out two ham sausages and a pack of Fuling mustard from under the bed, and put them in the cooked instant noodles.
The room is filled with the aroma of instant noodles!
Sitting cross-legged on the bed, Wang Chuan held a stainless steel bowl in one hand and chopsticks in the other, and ate instant noodles baldly. He quickly ate a bowl of noodles without even soup in the bowl.
After eating and drinking, Wang Chuan lay on the bed, blowing on the air conditioner, and suddenly thought of Fatty, and he didn't know what happened to Fatty when he returned to his hometown!
Early the next morning, just as Wang Chuan entered the law firm, his cell phone rang.
"Hello, are you Wang Chuan Law Firm?" A girl's voice came out.
"Yes, who are you?" Wang Chuan asked.
"I'm the Shijingshan Labor Arbitration Commission. The XX Hotel you represent in the labor arbitration case with the employee Zhang Caili. The verdict has come out. Come here and get it." The other party said.
"Okay, I'll go to you in the afternoon. It just so happens that there is a case that will be held at your place in the afternoon. The court was supposed to start at nine in the morning, but it was later transferred to the afternoon." Wang Chuan said.
After wolfing down lunch at noon, Wang Chuan took the case files to the Shijingshan Labor Arbitration Committee.In front of the gate, Zhao Qiang was the skinny young man, squatting at the gate playing games with a cigarette in his hand.
"Lawyer Wang, you're here." Seeing Wang Chuan approaching, the skinny young man hurriedly got up and smiled.
"Wait for a long time. Let's go in. I'm just going to get an award." Wang Chuan walked into the gate of the Labor Arbitration Committee as he spoke.
After receiving the award, Wang Chuan looked directly at the last page. The Labor Arbitration Committee supported the hotel and dismissed all the claims of employee Zhang Caili.
After receiving the verdict, Wang Chuan and the skinny young man walked into the courtroom. The arbitrator was a fat woman in her 30s, looking through the case files.
"Are you the company side or the employee side?" the arbitrator asked looking up.
"Hello, we are the employees. I am the applicant's lawyer. This is the applicant Zhao Qiang." Wang Chuan said hastily.
Shortly after the two of them were seated, a representative of the respondent company came in. She was a lady, about 40 years old, dressed conservatively.
"She is the HR manager of the company, and she always appears in court in the company's labor cases." The skinny young man whispered.
Wang Chuan nodded after listening.
"Can the two of you mediate?" the arbitrator looked at both parties and asked.
"It can be adjusted, as long as they agree to pay compensation for the violation. More money can be negotiated!" Wang Chuan said.
"Respondent, what's your opinion?" the arbitrator asked.
"We are legally terminated, and we do not agree to compensation. We do not agree to mediation!" the company's HR manager said confidently.
"Okay, since the mediation can't be done, let's start the trial!" The arbitrator said casually, "Is there any change in the applicant's request and factual reasons?"
"There is a change. Change the amount of compensation for breach of contract and termination of the labor contract. Calculated as twice the compensation, the compensation should be 4000 yuan." After Wang Chuan finished speaking, he submitted an application for a change request to the arbitrator .
"The respondent replied." The arbitrator said.
"We disagree with the applicant's opinion. We have legally terminated the labor contract, and there is no illegal termination.
As an employee of our company, the applicant was addicted to games, and often took advantage of the opportunity to go to the bathroom to sit on the toilet and play games. The longest time he stayed in the bathroom for nearly three hours, everyone was off work, he just came out.
The company's leaders often failed to find people when they arranged jobs. We talked to the applicant, but he still went his own way and violated the company's regulations many times.So we fired him. "The company personnel manager said with a look of disgust.
After listening to the company's personnel manager, Wang Chuan was shocked!What is the situation? Why is it completely different from what the previous applicant said!
"The applicant presented evidence, do you have any new evidence to submit?" the arbitrator asked.
"There is no new evidence, and our first piece of evidence is the certificate of termination of the labor contract, which proves that the company has illegally terminated the labor contract.
The second piece of evidence is the salary statement printed from the bank for the twelve months prior to the termination of the labor contract, which proves that the calculation of compensation is correct. "Wang Chuan said.
(End of this chapter)
"However, the "loyalty agreement" between husband and wife should be signed by both husband and wife voluntarily in accordance with the principle of good faith. Although the law does not prohibit the signing of such agreements, it does not endow such agreements with enforceability.
We believe that if the court grants the "loyalty agreement" legal force, it is equivalent to encouraging one of the husband and wife to sign such an agreement in order to tie the other party before marriage or during the marriage. Violation will also increase the cost of marriage, causing the marital relationship based on mutual affection and trust to deteriorate.
In addition, we believe that the "loyalty agreement" is essentially a moral category, and should be traveled voluntarily by both parties. If one party is willing to give up all property, it is good to leave the house; if one party is unwilling to perform the agreement, the court should not compel him to travel .
As for the custody of the children, the daughter of both parties has reached the age of ten, and the defendant respects the opinions of the children. At the same time, the defendant hopes to go to school with the judge to seek the opinions of the children. "Wang Chuan said immediately.
"Okay, today's trial is here, but we don't recommend both the plaintiff and the defendant to come with us to see the child, as this may affect the child's judgment. We will give the child's opinion back to both of you. Adjourn! "After the middle-aged female judge finished speaking, she rang the gavel.
"Lawyer Wang, what do you think the court will do?" Zhai Yong asked as he walked out of the gate of the court and stood by the side of the road.
"It's hard to say, but I don't think it's very possible for you to leave the house without leaving the house. I have to award some property to you anyway." Wang Chuan thought for a while.
"Well, Lawyer Wang, I'll have to work hard on you later!" Zhai Yong said, "Are you going back to the office or..."
"I'll go home directly." Wang Chuan checked his phone and it was past four o'clock in the afternoon.
"Let's go, I drove here today, just to see you off. Let's chat in the car." After speaking, Zhai Yong walked towards the black Mercedes-Benz beside him.
The weather in August was still very hot. When Wang Chuan arrived home, it was already after five o'clock in the afternoon. He carried his briefcase and unbuttoned two of the top buttons of his shirt.
Even so, when he went upstairs and took out the key to open the door, his head was covered with sweat, and the back of his shirt was also wet, making his body very sticky and uncomfortable.
As expected, the two tenants in the same room were not there. Wang Chuan hurriedly turned on the air conditioner, and then ran to the bathroom to take a shower.After leaving the bathroom, he wore cheap underpants and a hurdle vest bought from a roadside stall in the commercial street of the ancient city, and took out the induction cooker and a frying pan to cook instant noodles.
Five minutes later, the instant noodles came out of the pot. After he sprinkled the seasoning, he took out two ham sausages and a pack of Fuling mustard from under the bed, and put them in the cooked instant noodles.
The room is filled with the aroma of instant noodles!
Sitting cross-legged on the bed, Wang Chuan held a stainless steel bowl in one hand and chopsticks in the other, and ate instant noodles baldly. He quickly ate a bowl of noodles without even soup in the bowl.
After eating and drinking, Wang Chuan lay on the bed, blowing on the air conditioner, and suddenly thought of Fatty, and he didn't know what happened to Fatty when he returned to his hometown!
Early the next morning, just as Wang Chuan entered the law firm, his cell phone rang.
"Hello, are you Wang Chuan Law Firm?" A girl's voice came out.
"Yes, who are you?" Wang Chuan asked.
"I'm the Shijingshan Labor Arbitration Commission. The XX Hotel you represent in the labor arbitration case with the employee Zhang Caili. The verdict has come out. Come here and get it." The other party said.
"Okay, I'll go to you in the afternoon. It just so happens that there is a case that will be held at your place in the afternoon. The court was supposed to start at nine in the morning, but it was later transferred to the afternoon." Wang Chuan said.
After wolfing down lunch at noon, Wang Chuan took the case files to the Shijingshan Labor Arbitration Committee.In front of the gate, Zhao Qiang was the skinny young man, squatting at the gate playing games with a cigarette in his hand.
"Lawyer Wang, you're here." Seeing Wang Chuan approaching, the skinny young man hurriedly got up and smiled.
"Wait for a long time. Let's go in. I'm just going to get an award." Wang Chuan walked into the gate of the Labor Arbitration Committee as he spoke.
After receiving the award, Wang Chuan looked directly at the last page. The Labor Arbitration Committee supported the hotel and dismissed all the claims of employee Zhang Caili.
After receiving the verdict, Wang Chuan and the skinny young man walked into the courtroom. The arbitrator was a fat woman in her 30s, looking through the case files.
"Are you the company side or the employee side?" the arbitrator asked looking up.
"Hello, we are the employees. I am the applicant's lawyer. This is the applicant Zhao Qiang." Wang Chuan said hastily.
Shortly after the two of them were seated, a representative of the respondent company came in. She was a lady, about 40 years old, dressed conservatively.
"She is the HR manager of the company, and she always appears in court in the company's labor cases." The skinny young man whispered.
Wang Chuan nodded after listening.
"Can the two of you mediate?" the arbitrator looked at both parties and asked.
"It can be adjusted, as long as they agree to pay compensation for the violation. More money can be negotiated!" Wang Chuan said.
"Respondent, what's your opinion?" the arbitrator asked.
"We are legally terminated, and we do not agree to compensation. We do not agree to mediation!" the company's HR manager said confidently.
"Okay, since the mediation can't be done, let's start the trial!" The arbitrator said casually, "Is there any change in the applicant's request and factual reasons?"
"There is a change. Change the amount of compensation for breach of contract and termination of the labor contract. Calculated as twice the compensation, the compensation should be 4000 yuan." After Wang Chuan finished speaking, he submitted an application for a change request to the arbitrator .
"The respondent replied." The arbitrator said.
"We disagree with the applicant's opinion. We have legally terminated the labor contract, and there is no illegal termination.
As an employee of our company, the applicant was addicted to games, and often took advantage of the opportunity to go to the bathroom to sit on the toilet and play games. The longest time he stayed in the bathroom for nearly three hours, everyone was off work, he just came out.
The company's leaders often failed to find people when they arranged jobs. We talked to the applicant, but he still went his own way and violated the company's regulations many times.So we fired him. "The company personnel manager said with a look of disgust.
After listening to the company's personnel manager, Wang Chuan was shocked!What is the situation? Why is it completely different from what the previous applicant said!
"The applicant presented evidence, do you have any new evidence to submit?" the arbitrator asked.
"There is no new evidence, and our first piece of evidence is the certificate of termination of the labor contract, which proves that the company has illegally terminated the labor contract.
The second piece of evidence is the salary statement printed from the bank for the twelve months prior to the termination of the labor contract, which proves that the calculation of compensation is correct. "Wang Chuan said.
(End of this chapter)
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