Grassroots lawyers also have spring

Chapter 313 "Thick-skinned" magical skill

Judge Wu frowned and looked at the list of evidence provided by the plaintiff. After the four-faced male lawyer finished speaking, she let out a rare sigh of relief and looked at Wang Chuan: "The defendant cross-examined."

"The first piece of evidence, the resignation certificate issued by the defendant, is authentic, but the purpose of the proof is not. The plaintiff has only worked for the defendant for nine days. According to the provisions of the "Labor Contract Law", the employer should sign with the employee within one month of employment. Labor Contract.

The plaintiff has only been employed for nine days, and the time limit for signing the labor contract has not yet expired. The plaintiff left the job before the defendant signed the labor contract with the plaintiff in a hurry. Therefore, the defendant should not pay the plaintiff twice the salary for not signing the labor contract.

The second evidence, salary transfer records.Approved for authenticity, but not for proof purposes.Wages are the labor remuneration paid by the employer to employees in currency. The prerequisite for obtaining labor remuneration is that corresponding labor must be provided.

The "monthly salary" implemented by the defendant is only the employer's regulation on the salary payment cycle, and it does not mean that the laborer can get a full monthly salary without working hard.

In this case, Sun Dahan only worked for nine days and wanted to get one month's wages. It is unreasonable in terms of circumstances and reason, and there is no basis in the law, so he should not be supported.

The third piece of evidence is the resignation agreement signed by the plaintiff and the defendant. The authenticity of this piece of evidence is recognized, but the purpose of the proof is not.The defendant did not illegally terminate the labor relationship. On the contrary, the two parties terminated the labor relationship because the plaintiff resigned because he believed that the defendant had poor food and accommodation conditions and refused to lend living expenses.

Although the two parties signed an agreement to negotiate the termination of the labor relationship, the reason was that the labor relationship was terminated because the plaintiff proposed to resign.

In addition, the first article of the agreement stipulated that the plaintiff's resignation was due to personal reasons, so the two parties signed the agreement.Therefore, the defendant should not pay economic compensation to the plaintiff.

According to the provisions of the Labor Contract Law, the prerequisite for the employer to pay compensation is that the employer has illegally terminated or terminated the labor relationship.

In this case, the plaintiff subjectively believed that the food and accommodation conditions provided by the defendant were poor, so he proposed to resign. There was no circumstance that the employer illegally terminated or terminated the labor contract.Therefore, the defendant did not accept the proof purpose of this evidence.

The fourth piece of evidence, the plaintiff’s printed social security records, is approved for authenticity, but not for its relevance to the case, nor for the purpose of proof.

According to the defendant, unemployment is the state in which a natural person wants and is able to work, but has not yet found one.The plaintiff’s resignation was due to his personal reasons (as mentioned earlier, so I won’t go into details here), and his lack of work was caused by his own reasons, not the defendant’s.

As of now, the plaintiff is only 35 years old. He is in the prime of his life. He has no physical or mental disabilities, nor is he incapacitated. There are still 25 years before he retires. It is too early for him to lie down and live a peaceful life.It can completely rely on its own labor to earn labor remuneration and support itself.

On the other hand, the plaintiff, not only did not actively look for a job, but asked the employer that he had only worked for nine days to pay him the salary (100 million yuan) he imagined he could earn until the day he retired, as unemployment compensation, which is unfair Yes, it is simply a joke in the world.

Labor is not only a citizen's right but also a citizen's obligation. We have always advocated hard work to get rich, but the plaintiff has a heart of getting something for nothing, which has seriously damaged the traditional virtues of hard work and honesty of the Chinese nation and violated social morality. We should all respond to this behavior. resist……

Cross-examination is complete! What Wang Chuan said was filled with righteous indignation and his mouth was dry.

"Plaintiff, let me ask, has the defendant fulfilled the obligations stipulated in the agreement?" Judge Wu asked.

"It's been fulfilled, and the nine days' wages have been paid to the account!" The square-faced male lawyer lowered his head, not daring to look at the judge.

He dared not admit it, because the evidence he provided included the bank transfer records of those nine days' wages.

"Plaintiff, your complaint states that the defendant used fraud and coercion to establish a labor relationship with you. Do you have any evidence?" Judge Wu asked.

"Judge..." The square-faced male lawyer was about to speak, but was interrupted by Judge Wu.

"Plaintiff's lawyer, I am asking the plaintiff himself. Since he is here, I have the right to question him. The plaintiff himself should answer." Judge Wu glanced at him and said coldly.

Obviously, she didn't want to listen to the nonsense made up by the big-faced male lawyer.

"What? Coercion, fraud? I didn't say that, the indictment was written by the lawyer, not me." Sun Dahan was a little confused: "I just want some money!"

This is the first time he has entered the court, and the tension in his heart is unavoidable. If he hadn't been fooled by the big-faced male lawyer at that time, he could get more money, and he would not have paid 2 yuan in legal fees. He asked the big-faced male lawyer to represent him his case.

Up to now in the trial, Wang Chuan has refuted all the evidence presented by the four-faced male lawyer. As a person with normal intelligence, although Sun Dahan is greedy, he can still understand human speech.He already regretted asking a square-faced male lawyer to represent his case.

"Plaintiff, please answer clearly whether the defendant has established a labor relationship with you through fraud or coercion. If so, please provide corresponding evidence." Judge Wu glanced at the square-faced male lawyer expressionlessly, and then asked .

"No... no!" Sun Dahan also glanced at the square-faced male lawyer beside him, and said.

At this time, the square-faced male lawyer had learned his lesson well, he watched his nose and mouth carefully, and sat on the plaintiff's seat to practice the magical skill of "thick skin".

"The defendant presents evidence!" Judge Wu looked at Wang Chuan.

"The defendant has only one piece of evidence, the resignation agreement signed by the plaintiff and the defendant. It proves that the plaintiff voluntarily proposed to resign, and the defendant did not have illegal dismissal." Wang Chuan said.

"The plaintiff cross-examines evidence!" Judge Wu said.

"Authenticity is recognized, but the purpose of proof is not recognized. It's over!" The square-faced male lawyer has no intention of fighting. With his actual combat experience in court, he can be sure, sure, and sure that this case will be lost!In fact, he already knew what the outcome of this case would be.

"Okay, now the plaintiff and the defendant make the final statement, and the plaintiff makes the final statement." Judge Wu said.

……

When Wang Chuan finished signing the transcript and walked out of the court gate, he saw a group of people surrounded by the roadside.The habit of the Chinese people to watch has been maintained until now, which is really rare!

Everyone has a sense of curiosity, Wang Chuan couldn't help walking over, wanting to find out.

Someone inside said loudly: "You bastard, what did you say before, you smacked my chest to make sure it's okay, what do you say now? Stop talking nonsense, and refund the lawyer's fee!"

"Don't worry, the sentence hasn't been decided yet, just wait and see, you might lose." A familiar voice floated over.

(End of this chapter)