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Chapter 275 There Is Such an Arrogant Lawyer!
Chapter 275 There Is Such an Arrogant Lawyer!
"Mr. Guo, I hope you can keep your promise. We have agreed in the previous contract that after the verdict is changed, you will pay another 5 yuan in legal fees." Wang Chuan said with a serious expression.
"Yes, I also know that there is an agreement in our contract, but am I tight (money) before the hunchback goes up the mountain? Can we discuss it, you take a step back, and I will work hard..." The bald-headed Guo Li said with a smile.
Wang Chuan saw that the other party was not afraid of boiling water for a dead pig, so he wanted to bargain, so he asked, "How much do you want to give?"
"Ten thousand!" The bald-headed Guo Li stretched out a finger.
Wang Chuan really wanted to grab his finger and chop it off directly. After a long time of effort, he won so much property for him, and only gave him [-] to send the beggar!
"Ten thousand is definitely not enough, how about I give you a [-]% discount, and you pay another thirty-five thousand to finish." Wang Chuan said coldly.
"It's too high, how about this, I don't want [-], and you don't want [-], how about our [-]?" Guo Li said with a big bald head.
"[-], I'll give you a [-]% discount, this is the reserve price!" Wang Chuan gritted his teeth.
The bald-headed Guo Li saw Wang Chuan's unfriendly eyes, and smiled: "Okay, it's only [-]. You can issue an invoice for me. I'll draw the card to you."
Wang Chuan went out and called the accountant, and the bald Guo Li drew 5000 yuan on the POS machine. Later, at the request of the bald Guo Li, the two parties signed a supplementary agreement to change the total amount of legal fees.
After the bald-headed Guo Li left with the verdict, Wang Chuan looked at the direction in which he was leaving and cursed secretly: The negotiated fee can be changed as soon as it is said, what the hell!
On Monday, January [-]th, Wang Chuan got up early at [-]:[-], took the first train to Daxing with his case files, and more than two hours later, Wang Chuan came to the Daxing District Labor and Personnel Arbitration Committee. The Arbitration Commission has not yet opened the door.
It was so cold that dripping water turned into ice, and those who got up early were wearing thick cotton jackets or down jackets, and hurried.Seeing a breakfast stall not far away, Wang Chuan picked up a table and sat down, ordered a bowl of wontons and two fritters and ate them.
At nine o'clock in the morning, when Wang Chuan walked into the labor arbitration tribunal, an older lady in her 40s was sorting out the case files on the table.
"Are you the employee's agent or the company's agent?" the eldest sister in her 40s looked up at Wang Chuan and asked.
"Hello, I am the agent of Hongda Company. Here are my procedures." As he spoke, Wang Chuan handed over the power of attorney and copies of the letter and lawyer's certificate.
"Oh, sit down first, the applicant hasn't come yet. Wait for a while!" The eldest sister in her 40s bowed her head and continued to look through the case files.
The time passed by every minute and every second, and the applicant still hadn't appeared after more than ten minutes. The eldest sister in her 40s was a little impatient.
"Xiao Liu, please call and ask where the applicant has been?" The eldest sister in her 40s frowned.
A little girl sitting next to her hastily agreed and left. Wang Chuan guessed that she was going to call the applicant on the landline of the labor arbitration committee.
There are probably two reasons for using a landline to make calls. One is to save your own phone bills; the other is that the private calls of the clerk and labor arbitrator are confidential, and it is inconvenient to disclose them to the applicant and the respondent.
After more than five minutes, Xiao Liu came in angrily: "The applicant left the phone number of the attorney who represented him. The lawyer said that he forgot the time for the court session, and he can't make it now, so he won't come! Let's do whatever we want." cut."
Wang Chuan was stunned after hearing this: Damn it!And such an overbearing lawyer actually said he forgot in the court session!He also confidently said that he can cut whatever he likes!Why can't he go to heaven!
But on second thought, he was relieved!
"Lawyer Wang, the applicant did not come to the court hearing as scheduled, and we will dismiss the lawsuit. You should go back too! This case is over!" the eldest sister in her 40s looked at Wang Chuan and said.
"Okay!" Wang Chuan secretly rejoiced: Another case has been concluded.
On the way back, Wang Chuan called Mr. Gu, told him about the trial, and asked him to come to the office for a talk in the afternoon.
At five o'clock in the afternoon, Wang Chuan and Mr. Gu sat opposite each other in the conference room of Zhengyang Law Firm.
"Lawyer Wang, the labor arbitration side handled the case as a withdrawal, so our case is over?" Mr. Gu was secretly delighted. The other party withdrew the case before the hearing. Doesn't this mean that the company has won!
"The labor arbitration case is over, but the other party is likely to sue in court." Wang Chuan said.
"Lawyer Wang, isn't it right? Don't you have to apply for labor arbitration first for labor cases, and only after the labor arbitration award can you apply to the court for trial?
The other party did not go to the court session, and the Labor Arbitration Commission handled it as a withdrawal of the lawsuit. If he sued the court, could he not apply for labor arbitration again?One arbitration and two trials, labor arbitration is a pre-procedure! "Mr. Gu said with a puzzled look on his face.
"Mr. Gu, you are good at studying labor law. It should be said that you are only half right. Not exactly!" Wang Chuan said with a smile.
"Oh? What do you mean? Tell me about it." Mr. Gu's thirst for knowledge increased greatly.
"According to the provisions of laws and regulations, one arbitration and two trials are the standard procedure for labor dispute cases. Labor arbitration is pre-empted. No matter what the subject matter of the dispute is, it is no problem to apply for labor arbitration first.
However, there are two special situations. According to the judicial interpretation, if the laborer and the employer have signed an agreement on the arrears of wages and stipulated the time limit for payment of wages, there is no other dispute between the two parties. If the wages are in arrears, the laborer can directly sue the court to demand that the employer pay the wages in arrears, and there is no need to go through labor arbitration at this time.
The second situation is that if the applicant fails to appear in court during the labor arbitration, the labor arbitration committee will treat it as withdrawing the lawsuit, and the employee will apply for labor arbitration again, which will not be accepted.In this case, the laborer can directly go to the court to sue, instead of applying for labor arbitration.
This is the case of your company. " Wang Chuan explained.
"According to what you mean, the other party will go to the court to sue and demand compensation from the company?" Mr. Gu said.
"90.00% nine is so!
Many lawyers or companies do not appear in court when dealing with labor dispute cases, and directly let the labor arbitration award or treat it as a withdrawal, and then file a lawsuit in the court.Because they know that even if the labor arbitration committee makes an award, most of the cases will go to the court (except for the final case).
Rather than working hard at the labor arbitration committee, it is better to go through the motions and go directly to the court to sue. Besides, the judgment of the labor arbitration committee will be changed by the court in all likelihood, so it is better to go directly to the court. "Wang Chuan said.
"Oh! If I entrust you to go to trial again, how will I charge the lawyer's fee?" Mr. Gu asked a question he was very concerned about.
"In principle, the lawyer's fee is charged at [-] yuan, but... how about I discuss it with the director, and I will give you a big discount. Wait a moment!" Wang Chuan got up and walked outside the meeting room after speaking.
(End of this chapter)
"Mr. Guo, I hope you can keep your promise. We have agreed in the previous contract that after the verdict is changed, you will pay another 5 yuan in legal fees." Wang Chuan said with a serious expression.
"Yes, I also know that there is an agreement in our contract, but am I tight (money) before the hunchback goes up the mountain? Can we discuss it, you take a step back, and I will work hard..." The bald-headed Guo Li said with a smile.
Wang Chuan saw that the other party was not afraid of boiling water for a dead pig, so he wanted to bargain, so he asked, "How much do you want to give?"
"Ten thousand!" The bald-headed Guo Li stretched out a finger.
Wang Chuan really wanted to grab his finger and chop it off directly. After a long time of effort, he won so much property for him, and only gave him [-] to send the beggar!
"Ten thousand is definitely not enough, how about I give you a [-]% discount, and you pay another thirty-five thousand to finish." Wang Chuan said coldly.
"It's too high, how about this, I don't want [-], and you don't want [-], how about our [-]?" Guo Li said with a big bald head.
"[-], I'll give you a [-]% discount, this is the reserve price!" Wang Chuan gritted his teeth.
The bald-headed Guo Li saw Wang Chuan's unfriendly eyes, and smiled: "Okay, it's only [-]. You can issue an invoice for me. I'll draw the card to you."
Wang Chuan went out and called the accountant, and the bald Guo Li drew 5000 yuan on the POS machine. Later, at the request of the bald Guo Li, the two parties signed a supplementary agreement to change the total amount of legal fees.
After the bald-headed Guo Li left with the verdict, Wang Chuan looked at the direction in which he was leaving and cursed secretly: The negotiated fee can be changed as soon as it is said, what the hell!
On Monday, January [-]th, Wang Chuan got up early at [-]:[-], took the first train to Daxing with his case files, and more than two hours later, Wang Chuan came to the Daxing District Labor and Personnel Arbitration Committee. The Arbitration Commission has not yet opened the door.
It was so cold that dripping water turned into ice, and those who got up early were wearing thick cotton jackets or down jackets, and hurried.Seeing a breakfast stall not far away, Wang Chuan picked up a table and sat down, ordered a bowl of wontons and two fritters and ate them.
At nine o'clock in the morning, when Wang Chuan walked into the labor arbitration tribunal, an older lady in her 40s was sorting out the case files on the table.
"Are you the employee's agent or the company's agent?" the eldest sister in her 40s looked up at Wang Chuan and asked.
"Hello, I am the agent of Hongda Company. Here are my procedures." As he spoke, Wang Chuan handed over the power of attorney and copies of the letter and lawyer's certificate.
"Oh, sit down first, the applicant hasn't come yet. Wait for a while!" The eldest sister in her 40s bowed her head and continued to look through the case files.
The time passed by every minute and every second, and the applicant still hadn't appeared after more than ten minutes. The eldest sister in her 40s was a little impatient.
"Xiao Liu, please call and ask where the applicant has been?" The eldest sister in her 40s frowned.
A little girl sitting next to her hastily agreed and left. Wang Chuan guessed that she was going to call the applicant on the landline of the labor arbitration committee.
There are probably two reasons for using a landline to make calls. One is to save your own phone bills; the other is that the private calls of the clerk and labor arbitrator are confidential, and it is inconvenient to disclose them to the applicant and the respondent.
After more than five minutes, Xiao Liu came in angrily: "The applicant left the phone number of the attorney who represented him. The lawyer said that he forgot the time for the court session, and he can't make it now, so he won't come! Let's do whatever we want." cut."
Wang Chuan was stunned after hearing this: Damn it!And such an overbearing lawyer actually said he forgot in the court session!He also confidently said that he can cut whatever he likes!Why can't he go to heaven!
But on second thought, he was relieved!
"Lawyer Wang, the applicant did not come to the court hearing as scheduled, and we will dismiss the lawsuit. You should go back too! This case is over!" the eldest sister in her 40s looked at Wang Chuan and said.
"Okay!" Wang Chuan secretly rejoiced: Another case has been concluded.
On the way back, Wang Chuan called Mr. Gu, told him about the trial, and asked him to come to the office for a talk in the afternoon.
At five o'clock in the afternoon, Wang Chuan and Mr. Gu sat opposite each other in the conference room of Zhengyang Law Firm.
"Lawyer Wang, the labor arbitration side handled the case as a withdrawal, so our case is over?" Mr. Gu was secretly delighted. The other party withdrew the case before the hearing. Doesn't this mean that the company has won!
"The labor arbitration case is over, but the other party is likely to sue in court." Wang Chuan said.
"Lawyer Wang, isn't it right? Don't you have to apply for labor arbitration first for labor cases, and only after the labor arbitration award can you apply to the court for trial?
The other party did not go to the court session, and the Labor Arbitration Commission handled it as a withdrawal of the lawsuit. If he sued the court, could he not apply for labor arbitration again?One arbitration and two trials, labor arbitration is a pre-procedure! "Mr. Gu said with a puzzled look on his face.
"Mr. Gu, you are good at studying labor law. It should be said that you are only half right. Not exactly!" Wang Chuan said with a smile.
"Oh? What do you mean? Tell me about it." Mr. Gu's thirst for knowledge increased greatly.
"According to the provisions of laws and regulations, one arbitration and two trials are the standard procedure for labor dispute cases. Labor arbitration is pre-empted. No matter what the subject matter of the dispute is, it is no problem to apply for labor arbitration first.
However, there are two special situations. According to the judicial interpretation, if the laborer and the employer have signed an agreement on the arrears of wages and stipulated the time limit for payment of wages, there is no other dispute between the two parties. If the wages are in arrears, the laborer can directly sue the court to demand that the employer pay the wages in arrears, and there is no need to go through labor arbitration at this time.
The second situation is that if the applicant fails to appear in court during the labor arbitration, the labor arbitration committee will treat it as withdrawing the lawsuit, and the employee will apply for labor arbitration again, which will not be accepted.In this case, the laborer can directly go to the court to sue, instead of applying for labor arbitration.
This is the case of your company. " Wang Chuan explained.
"According to what you mean, the other party will go to the court to sue and demand compensation from the company?" Mr. Gu said.
"90.00% nine is so!
Many lawyers or companies do not appear in court when dealing with labor dispute cases, and directly let the labor arbitration award or treat it as a withdrawal, and then file a lawsuit in the court.Because they know that even if the labor arbitration committee makes an award, most of the cases will go to the court (except for the final case).
Rather than working hard at the labor arbitration committee, it is better to go through the motions and go directly to the court to sue. Besides, the judgment of the labor arbitration committee will be changed by the court in all likelihood, so it is better to go directly to the court. "Wang Chuan said.
"Oh! If I entrust you to go to trial again, how will I charge the lawyer's fee?" Mr. Gu asked a question he was very concerned about.
"In principle, the lawyer's fee is charged at [-] yuan, but... how about I discuss it with the director, and I will give you a big discount. Wait a moment!" Wang Chuan got up and walked outside the meeting room after speaking.
(End of this chapter)
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