Grassroots lawyers also have spring
chapter 227
Chapter 227
"How about your case in Guangdong Province?" In order to avoid embarrassment for the two of them, Wang Chuan hastily changed the topic.
"That case hasn't been in court yet, and the lawyer assured me that it's okay. Let me wait for the news." Ouyang Ying continued: "What I mean is, help me see if this case has a chance of winning. I think it's my relative Be more reliable!"
Wang Chuan glanced at Mu Huaijin, who smiled and said, "Lawyer Wang, don't worry. Just tell the truth."
"Yes, I just want to hear the truth, just tell me." Ouyang Ying sat up straight and stared at Wang Chuandao intently.
"How many years have you worked in this company?" Wang Chuan asked.
"I have been employed for six years and seven months. I started as an assistant and have been working as a project manager and deputy director of the company's project department.
If I were a man, I would have already entered the upper echelon.There is no way for a woman to make some achievements, it has to be as difficult as it is, and promotion is even slower than snail crawling! "Ouyang Ying sighed.
"How much is your monthly income? I mean the actual income that the company should send you." Wang Chuan then asked.
This time because of personal privacy, Ouyang Ying did not answer directly, she looked at Mu Huaijin.
"What lawyer Wang asks, you can just tell the truth. As a lawyer, we will keep it confidential for you." Mu Huaijin immediately understood what her cousin meant.
"Ms. Ouyang, don't get me wrong. I'm asking this to help you calculate the compensation. In your case, I personally don't think it should be considered absenteeism. The company's dismissal of you is suspected of illegally terminating the labor relationship. Of course, the final conclusion is yet to come." It depends on the other party's evidence." Wang Chuan explained.
"Well. We have salary slips every month, which are sent to our mailbox by the company. After verification, the company will remit the salary to my bank account. Our company is still very disciplined about this.
My salary is not exactly the same every month. When it is high, it can reach more than 2 a month, and when it is low, it can be more than 8000 a month. There may be tens of thousands of bonuses at the end of the year. "Ouyang Ying thought for a while.
"How much can I earn per month on average in a year?" Wang Chuan was surprised. He never thought that a project manager of a company could get so much money.
"I haven't calculated this, but on average, there should be more than 1 points a month! Not counting the year-end bonus." Ouyang Ying said.
"If this is the case, in the case of labor arbitration or the court finds that the other party has terminated the labor relationship illegally, the amount of compensation you can obtain is about more than [-] yuan.
Of course, this number is not an exact number. I just calculated it roughly based on the average salary in Guangdong Province.But the prerequisite is that the company has terminated the labor relationship illegally, otherwise you will not be able to obtain compensation. "Wang Chuan said.
"How did you calculate the amount you mentioned? I mean what is the calculation formula?" Ouyang Ying asked with bright eyes.
"First of all, your estimated salary for the twelve months before leaving is more than 1. I have seen the social average salary in Guangdong Province before, but I can't remember exactly how much it is.
In my impression, the social average salary in Guangdong Province in 3000 seemed to be more than 9000 points. Your monthly income has exceeded three times the social average salary, so the calculation of compensation can only be calculated based on three times the local social average salary. (The part exceeding three times will not be counted), that is, more than [-] per month, we temporarily calculate it as [-].
Secondly, you have worked in the company for six years and seven months, according to relevant laws and regulations, you should be compensated twice as much as the seven-month standard.
The calculation formula for the compensation you deserve is: compensation = three times the monthly salary (9000 yuan) * seven months * two.Of course, whether to give compensation and the specific amount of compensation depends on the actual situation, but the general calculation method is the same.In fact, it is calculated as twice the severance compensation! "Wang Chuan said.
(The compensation calculation standard for the above-mentioned illegal termination of the labor contract is based on the compensation standard of Article 87 of the currently effective "Labor Contract Law". In [-], the law had not yet been implemented, and the compensation standard was also different. Interested readers can to check)
"Oh, that's it! I understand. I want to ask you again, how likely is it that my case will be deemed as an illegal termination of labor relationship?" Ouyang Ying asked.
"Actually, I have encountered a case like yours before. If the employee's position is adjusted across provinces, the employee's consent is required.
Because it will increase the burden of life of employees, increase the commuting time of employees, affect the social habits of employees, and seriously affect the family life of employees.
Therefore, in situations like this, employees are generally provided with certain convenience measures, such as providing dormitories, providing shuttle buses, or providing subsidies to make up for the losses of employees.
If the employee is unwilling to work in other provinces, the labor relationship may be terminated and financial compensation may be provided.In a situation like yours, you will be suspected of illegally terminating the labor relationship. Of course, the level of law enforcement and the scale of law enforcement in various places are not completely consistent. I can only say how the Guangdong Province will judge.
If you don't want to try, it must be treated as absenteeism without any compensation.There may be a certain chance if you try it.The decision is yours! "Wang Chuan thought about it and gave a more pertinent suggestion.
"Well! Lawyer Wang, I have an unfeeling request. If the result of the labor arbitration case represented by the lawyer I hired in Guangdong Province is not very favorable to me, can I ask you to help me with the following A lawsuit?" Ouyang Ying said solemnly.
"That's easy to talk about! Let's communicate again after the labor arbitration award comes out." Wang Chuan said with a smile.
At this time, Wang Chuan was an expert in Ouyang Ying's eyes, a reliable expert!Much more reliable than the senior partner she had met before!
After sending Ouyang Ying away, Mu Huaijin sat in the office and looked Wang Chuan up and down, with three eyes up and down, three eyes on the left and three eyes on the right, and Wang Chuan felt hairy.
"Lawyer Mu, you don't think you have any thoughts about me!" Wang Chuan said with an awkward smile.
"Three days after farewell, you should look at each other with admiration, the ancients will not deceive me!" Mu Huaijin sighed.
"What..." Wang Chuan was taken aback for a while.
"You kid must have done your homework on labor during this time!" Mu Huaijin said with a smile.
"I read some books, mainly the director and your cultivation. If I didn't have so many cases to practice, I wouldn't know so much." Wang Chuan said with a smile.
"Stop flattering! Work hard, these days you are not afraid of knowing everything, but of being good at one trick!" Mu Huaijin smiled.
After being affirmed by Lawyer Mu, Wang Chuan left the office in a happy mood.
Two days before the October [-] holiday, Wang Chuan received a call from Ms. Liu Dahua. It was said that the real estate developer in Shishi wanted to talk to her about reconciliation and refund of the deposit. Court, to negotiate a settlement.
(End of this chapter)
"How about your case in Guangdong Province?" In order to avoid embarrassment for the two of them, Wang Chuan hastily changed the topic.
"That case hasn't been in court yet, and the lawyer assured me that it's okay. Let me wait for the news." Ouyang Ying continued: "What I mean is, help me see if this case has a chance of winning. I think it's my relative Be more reliable!"
Wang Chuan glanced at Mu Huaijin, who smiled and said, "Lawyer Wang, don't worry. Just tell the truth."
"Yes, I just want to hear the truth, just tell me." Ouyang Ying sat up straight and stared at Wang Chuandao intently.
"How many years have you worked in this company?" Wang Chuan asked.
"I have been employed for six years and seven months. I started as an assistant and have been working as a project manager and deputy director of the company's project department.
If I were a man, I would have already entered the upper echelon.There is no way for a woman to make some achievements, it has to be as difficult as it is, and promotion is even slower than snail crawling! "Ouyang Ying sighed.
"How much is your monthly income? I mean the actual income that the company should send you." Wang Chuan then asked.
This time because of personal privacy, Ouyang Ying did not answer directly, she looked at Mu Huaijin.
"What lawyer Wang asks, you can just tell the truth. As a lawyer, we will keep it confidential for you." Mu Huaijin immediately understood what her cousin meant.
"Ms. Ouyang, don't get me wrong. I'm asking this to help you calculate the compensation. In your case, I personally don't think it should be considered absenteeism. The company's dismissal of you is suspected of illegally terminating the labor relationship. Of course, the final conclusion is yet to come." It depends on the other party's evidence." Wang Chuan explained.
"Well. We have salary slips every month, which are sent to our mailbox by the company. After verification, the company will remit the salary to my bank account. Our company is still very disciplined about this.
My salary is not exactly the same every month. When it is high, it can reach more than 2 a month, and when it is low, it can be more than 8000 a month. There may be tens of thousands of bonuses at the end of the year. "Ouyang Ying thought for a while.
"How much can I earn per month on average in a year?" Wang Chuan was surprised. He never thought that a project manager of a company could get so much money.
"I haven't calculated this, but on average, there should be more than 1 points a month! Not counting the year-end bonus." Ouyang Ying said.
"If this is the case, in the case of labor arbitration or the court finds that the other party has terminated the labor relationship illegally, the amount of compensation you can obtain is about more than [-] yuan.
Of course, this number is not an exact number. I just calculated it roughly based on the average salary in Guangdong Province.But the prerequisite is that the company has terminated the labor relationship illegally, otherwise you will not be able to obtain compensation. "Wang Chuan said.
"How did you calculate the amount you mentioned? I mean what is the calculation formula?" Ouyang Ying asked with bright eyes.
"First of all, your estimated salary for the twelve months before leaving is more than 1. I have seen the social average salary in Guangdong Province before, but I can't remember exactly how much it is.
In my impression, the social average salary in Guangdong Province in 3000 seemed to be more than 9000 points. Your monthly income has exceeded three times the social average salary, so the calculation of compensation can only be calculated based on three times the local social average salary. (The part exceeding three times will not be counted), that is, more than [-] per month, we temporarily calculate it as [-].
Secondly, you have worked in the company for six years and seven months, according to relevant laws and regulations, you should be compensated twice as much as the seven-month standard.
The calculation formula for the compensation you deserve is: compensation = three times the monthly salary (9000 yuan) * seven months * two.Of course, whether to give compensation and the specific amount of compensation depends on the actual situation, but the general calculation method is the same.In fact, it is calculated as twice the severance compensation! "Wang Chuan said.
(The compensation calculation standard for the above-mentioned illegal termination of the labor contract is based on the compensation standard of Article 87 of the currently effective "Labor Contract Law". In [-], the law had not yet been implemented, and the compensation standard was also different. Interested readers can to check)
"Oh, that's it! I understand. I want to ask you again, how likely is it that my case will be deemed as an illegal termination of labor relationship?" Ouyang Ying asked.
"Actually, I have encountered a case like yours before. If the employee's position is adjusted across provinces, the employee's consent is required.
Because it will increase the burden of life of employees, increase the commuting time of employees, affect the social habits of employees, and seriously affect the family life of employees.
Therefore, in situations like this, employees are generally provided with certain convenience measures, such as providing dormitories, providing shuttle buses, or providing subsidies to make up for the losses of employees.
If the employee is unwilling to work in other provinces, the labor relationship may be terminated and financial compensation may be provided.In a situation like yours, you will be suspected of illegally terminating the labor relationship. Of course, the level of law enforcement and the scale of law enforcement in various places are not completely consistent. I can only say how the Guangdong Province will judge.
If you don't want to try, it must be treated as absenteeism without any compensation.There may be a certain chance if you try it.The decision is yours! "Wang Chuan thought about it and gave a more pertinent suggestion.
"Well! Lawyer Wang, I have an unfeeling request. If the result of the labor arbitration case represented by the lawyer I hired in Guangdong Province is not very favorable to me, can I ask you to help me with the following A lawsuit?" Ouyang Ying said solemnly.
"That's easy to talk about! Let's communicate again after the labor arbitration award comes out." Wang Chuan said with a smile.
At this time, Wang Chuan was an expert in Ouyang Ying's eyes, a reliable expert!Much more reliable than the senior partner she had met before!
After sending Ouyang Ying away, Mu Huaijin sat in the office and looked Wang Chuan up and down, with three eyes up and down, three eyes on the left and three eyes on the right, and Wang Chuan felt hairy.
"Lawyer Mu, you don't think you have any thoughts about me!" Wang Chuan said with an awkward smile.
"Three days after farewell, you should look at each other with admiration, the ancients will not deceive me!" Mu Huaijin sighed.
"What..." Wang Chuan was taken aback for a while.
"You kid must have done your homework on labor during this time!" Mu Huaijin said with a smile.
"I read some books, mainly the director and your cultivation. If I didn't have so many cases to practice, I wouldn't know so much." Wang Chuan said with a smile.
"Stop flattering! Work hard, these days you are not afraid of knowing everything, but of being good at one trick!" Mu Huaijin smiled.
After being affirmed by Lawyer Mu, Wang Chuan left the office in a happy mood.
Two days before the October [-] holiday, Wang Chuan received a call from Ms. Liu Dahua. It was said that the real estate developer in Shishi wanted to talk to her about reconciliation and refund of the deposit. Court, to negotiate a settlement.
(End of this chapter)
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