Grassroots lawyers also have spring

Chapter 267 Don't be too straightforward!
"Envious?" Director Niu smiled.

"Well, a little bit. But not everything is good. Drinking tea is like following a teahouse. You have to order it yourself. It's too troublesome! It's still our favorite, just take what you want to drink, there is no barrier to choice!"

Wang Chuan was a little guilty, and felt that what he said just now was a bit too explicit. He said that the company's treatment is good in front of his boss. Isn't this embarrassing his boss?
"What do we like? There is no barrier to choice, just a cup of plain water, and some tea leaves if the treatment is higher, do you have a choice? Your kid is getting better at talking..." Director Niu saw Wang Chuan's intentions at a glance. Thoughts, scolded with a smile.

About 10 minutes later, the girl with dimples knocked on the door and came in.

"Lawyer Niu, Lawyer Wang, the last law firm has already finished talking, Mr. Kang invites you two to come over." The dimpled girl smiled.

When Wang Chuan followed Director Niu into the meeting room, he saw two men in their 30s in suits and leather shoes packing up the documents on the table. There was a projector and a whiteboard in front of the meeting room. The writing on the whiteboard was not wiped clean. , You can faintly see some words such as legal opinions.

"Lawyer Niu, please sit down. Do you need anything from us? There are projectors or whiteboards!" After the two men in suits and leather shoes went out, a very handsome man sitting opposite smiled and said.

"Mr. Kang, hello. Time is too tight and we haven't prepared the PPT. Please just provide us with the materials. We need a little time to look at the materials." Director Niu smiled after sitting down.

Obviously, the previous law firms came prepared, and only Zhengyang Law Firm was recruited temporarily. I don't know if it was to make up the numbers or for some other reason.

Next to Mr. Kang, a woman in her 30s with a good temperament handed over several documents: "Lawyer Niu, I am the company's legal manager, and my surname is Xu. You two read the materials, and I will briefly introduce the case.

Our company hired a deputy general manager in May last year, who is mainly responsible for the marketing work.At that time, he did do some work after he came, and the business development was OK.

But later, due to business adjustments, we planned to sell the business he was in charge of to another company. To put it bluntly, we wanted to divest the business line and cancel his position.

After we talked with him, he agreed to negotiate to terminate the labor relationship, but asked the company to compensate him 150 million according to the labor contract.

The company disagreed, and then we had a bad quarrel. His position was cut off, and he didn't agree to change his position. Finally, the company sent him a dismissal notice and urged him to receive financial compensation.

He thought that we had terminated the labor relationship illegally and applied for labor arbitration. The Chaoyang labor arbitration hearing will be held next Wednesday. That's the basic situation.

We would like to ask you to help us analyze the situation of the case. If you represent this case, what is your plan?

Please don't misunderstand, we are not trying to get a lawyer's lawsuit plan, but purely to judge which law firm is more professional and suitable for this case. "

"We came too hastily this time, but we still have a lot of research on labor-management cases." Director Niu finished speaking and looked at Wang Chuan: "This lawyer Wang is our labor lawyer. Don't look at him. He is young, but he has done a lot of labor cases, even the labor cases in the Shanghai stock market are looking for him."

Director Niu flattered Wang Chuan in front of the other party, which made Wang Chuan, who was reading the case materials aside, feel hot and embarrassed to look up.

"Mr. Kang, Mr. Xu. I have roughly read the materials. The annual salary of this deputy general manager is 100 million. According to the 20 clause of Article 20.5 of the labor contract, if the labor contract takes effect within 36 months If the labor contract is terminated within the period not due to Party B's reasons, Party A, that is, the company, shall pay Party B 150 million yuan as compensation for the termination of the contract within ten days after the termination of the labor contract.

This agreement is very unfavorable to your company. "Wang Chuan put down the material in his hand and said.

"Yes, the vice president has been in our company for more than a year. According to this agreement, we do have to pay compensation to him.

However, some lawyers pointed out that the "Labor Contract Law" will be implemented on January [-], [-]. Now it is December, and the "Labor Contract Law" will be officially implemented in a few days.

The law stipulates that liquidated damages can only be stipulated in two situations, one is to stipulate the service period, and the other is to stipulate non-competition, and other agreements on liability for breach of contract are invalid.

Our case will be in court next week, so some lawyers suggested that we delay the time until we come back from the New Year's Day holiday. Then we can use the "Labor Contract Law" as the legal basis to claim that the agreement between our company and the deputy general manager violated the "Labor Contract Law". invalid. " Manager Xu said.

"The "Labor Contract Law" you mentioned has been discussed internally before, and I have also communicated with my colleagues. But regarding the agreement on liability for breach of contract, I think the lawyer who advised your company is only half right." Wang Chuan said.

"Oh? How do you say it?" Manager Xu looked at Wang Chuan suspiciously.

"What you are talking about is Article No. 20 of the "Labor Contract Law" on liquidated damages. This article states: 'Except for the circumstances specified in Article No. The parties agree that the laborer shall bear the liquidated damages.'

The emphasis is on the words 'the laborers shall bear the liquidated damages'.That is to say, between the employer and the laborer, apart from non-competition and service period agreements, there cannot be an agreement that the laborer shall bear liquidated damages.

Regarding this clause, although there is no clear judicial interpretation and precedent, I think it is not appropriate to make an expanded interpretation.

Therefore, I think the suggestion that the lawyer gave you may not be able to achieve the purpose of your company.Your compensation will still have to be paid. "Wang Chuan said sincerely.

As soon as he talked about his profession, he immediately straightened his back, making people feel the aura of a professional.

"Oh? According to what you said, we will definitely have to pay for this money?" Manager Xu didn't show it on his face, but his tone was obviously dissatisfied.

"Yes. I am just analyzing the case from the perspective of a professional labor law lawyer based on the existing case materials." Wang Chuan smiled.

Manager Xu turned his head and whispered a few words with Mr. Kang, then turned his head and smiled: "Lawyer Niu, Lawyer Wang, thank you very much for coming, and come here first. We will have a meeting to study it, and we will notify you after we confirm it. "

Director Niu and Wang Chuan walked out of the elevator in the office building one after the other.

"Xiao Wang, I believe in your professional ability, but sometimes you speak too bluntly. Let me give you a suggestion, can you give advice to customers in a different way in the future, don't be too blunt, turn a corner or be more tactful." Director Niu held back for a long time and said.

(End of this chapter)