Grassroots lawyers also have spring
Chapter 318
Chapter 318
"Forget it! Absolutely! A coffee company can support several milk factories and sugar factories. This business is doing well!" Wang Chuan promised.
At this moment, a 30-year-old woman walked in: "Hi, I want to consult something, which lawyer can give me an answer?"
"What question do you want to ask?" Zhang Dahuyou hurriedly put down his coffee cup when he saw the business came to his door, and asked.
"I want to sue the company, and the company fired me!" the woman said.
"Oh, this is a labor dispute, so it's right to come here for consultation!
Lawyer Wang is an expert in labor law and a well-known labor lawyer in Imperial City. You can ask him any questions you have. "Zhang Dahuyou directly pushed the woman to Wang Chuan.
"Hello, can you explain the situation in detail?" Wang Chuan smiled.He has become accustomed to Zhang Dahuyou's introduction.
"I gave birth to a second child, but the unit decided that I had seriously violated the company's regulations on the grounds that I did not have a birth certificate, sent me a notice, and fired me.
This is a notice, you see.In a fit of anger, I submitted the company to labor arbitration. The court will be held tomorrow. I am thinking about hiring a lawyer to feel at ease.So..." the woman said.
(At this time, the family planning policy has not yet released the second child. Unless there are special circumstances, it is not allowed to have a second child. Therefore, many families have a one-child certificate)
"The company fired you because you had a second child? No other questions?" Wang Chuan asked in surprise.
Now he will maintain a reasonable skepticism about what any client says, because he has been fooled by clients too many times in the past.
"Really, my first child was a boy, and I'm in elementary school now. I got pregnant again by accident last year, and our husband and I left the second child with a casual attitude, but the family planning department refused to approve it. I have no choice but to go through the maternity procedures. I didn't even receive maternity allowance.
Maternity leave and pregnancy check-ups are treated as sick leave.I can bear it, but the company shouldn't use this as an excuse to fire me! "The woman said angrily.
"Well, I don't think it's reasonable for the company to fire you, but the family planning policy is mandatory, although it's not a legal requirement, but in practice it does have different standards.
In the Labor Contract Law, there are special regulations for female employees during pregnancy, childbirth and breastfeeding. It is really inappropriate for the company to do so, but in Jiangxi and Guangdong, the referees are required to link the caliber with the family planning policy, and they will be dismissed for violating the family planning policy. Yes, courts generally side with businesses. "
Wang Chuan saw that it was clearly written in the dismissal notice that he was dismissed because the woman in front of him gave birth to a second child without a birth certificate.
"Then why is the sentence here in the imperial capital?" The woman asked hastily.
"There is no clear regulation here in the imperial capital. So there is uncertainty in your case. There is a risk of losing the case in your case." Wang Chuan reminded.
"Anyway, it's like this. The labor arbitration hearing will be held tomorrow, so I have to fight this lawsuit. What do you think is the probability of my winning this case?" The woman bit her lip and said.
"50.00%! Do you plan to go back to work or ask for compensation?" Wang Chuan asked.
"Our unit is a state-owned enterprise. I want to go back and continue working. You know it's not easy to find a good job now. The salary in our unit is not bad. Although the salary is less, at least the salary can be paid as usual!" the woman said.
"Well, are you a general worker or a management post in the company?" Wang Chuan asked.
"I'm just an ordinary production worker with little education. It's too difficult to find a job outside!" the woman said.
Last year, there was a #subprime mortgage crisis in the beautiful country. In [-], it spread to the country, and many enterprises were affected. Because of the decrease in employment opportunities, a large number of foreign students returned to China to find jobs, and it is common for them to be unemployed after graduating from college.
As a general worker who needs education but no education, and skills but no skills, the only thing a woman wants now is a stable job, returning to the company to continue working, and supporting her family with a meager income.
"I can fight for you, or you can go to court yourself, ask for the resumption of labor relations, and go back to work." Wang Chuan said.
"I mean, I want to ask a lawyer to represent me. Can you represent me in this case?" the woman asked, her eyes full of expectation.
"Yes! When will the court be held tomorrow?" Wang Chuan asked.
"Tomorrow at nine o'clock in the morning, at the Shijingshan Labor Arbitration Commission." The woman asked, "How do you charge the lawyer's fee?"
"Your case is not complicated, and the lawyer's fee is 5000 yuan, which is only for the labor arbitration stage. If there is a first and second trial later, you have to pay separately." Wang Chuan said.
"5000 yuan! Can it be cheaper? My husband was laid off at the end of last year. The elder brother has to go to school, and the second child needs to drink milk powder. Now the family income is not much, and they can't make much money a year." The woman whispered.
Wang Chuan saw that the woman was wearing work clothes, her skin was dark red (probably sunburned), and she didn't look like she was rich. After thinking for a while, Wang Chuan thought about it and said, "Well, I will calculate the legal fee for you at 3000 yuan. It can't be lower. Already!"
The woman didn't speak, she lowered her head and looked at the ground with a troubled expression on her face!
"I have another way. I'll write you a statement of the case, and you go to court yourself. You can just read it as you go, and then you can just tell the truth when the arbitrator asks you." Wang Chuan said.
"How much does it cost to write a case statement?" the woman asked looking up.
"Not much, one hundred yuan is enough, and today's consultation fee will be waived for you." Wang Chuan said.
The woman nodded, took out a hundred yuan from her pocket and handed it to Wang Chuan.
Wang Chuan asked the woman to drink some water and rested. After asking a few more questions, he began to draft the case statement.
More than half an hour later, Wang Chuan sent the woman away.
Zhang Dahuyou at the side stirred the coffee with a small spoon, and sighed: "The wife was fired, the husband was laid off, and the two children went to school and the other drank milk powder. These days are not easy!"
"Well, the hard times will pass!" Wang Chuan said, looking in the direction of the door.
"Yes! The hard times will pass! Life must go on." Zhang Dahuyou sighed.
There were few consultations throughout the day, Zhang Dahu was carefree, drinking coffee cup after cup, and then went to the toilet again and again.
When he was about to get off work, Wang Chuan was packing up the case files on the table, when the woman who had been here in the morning appeared at the door again.
"Hello, are you...what's the matter?" Wang Chuan hesitated for a moment, not knowing what the woman was doing here. She had just consulted in the morning.
"Wang... Lawyer, I went home and discussed with my husband, and I think it is better to hire a lawyer. After all, this lawsuit is very important to my family." The woman looked at Wang Chuan eagerly.
"Well, it's okay to entrust me to do it." Wang Chuan nodded.
"Do you think this lawyer's fee can..." The woman was not good at bargaining, but she looked at Wang Chuan with a request for a price reduction.
(End of this chapter)
"Forget it! Absolutely! A coffee company can support several milk factories and sugar factories. This business is doing well!" Wang Chuan promised.
At this moment, a 30-year-old woman walked in: "Hi, I want to consult something, which lawyer can give me an answer?"
"What question do you want to ask?" Zhang Dahuyou hurriedly put down his coffee cup when he saw the business came to his door, and asked.
"I want to sue the company, and the company fired me!" the woman said.
"Oh, this is a labor dispute, so it's right to come here for consultation!
Lawyer Wang is an expert in labor law and a well-known labor lawyer in Imperial City. You can ask him any questions you have. "Zhang Dahuyou directly pushed the woman to Wang Chuan.
"Hello, can you explain the situation in detail?" Wang Chuan smiled.He has become accustomed to Zhang Dahuyou's introduction.
"I gave birth to a second child, but the unit decided that I had seriously violated the company's regulations on the grounds that I did not have a birth certificate, sent me a notice, and fired me.
This is a notice, you see.In a fit of anger, I submitted the company to labor arbitration. The court will be held tomorrow. I am thinking about hiring a lawyer to feel at ease.So..." the woman said.
(At this time, the family planning policy has not yet released the second child. Unless there are special circumstances, it is not allowed to have a second child. Therefore, many families have a one-child certificate)
"The company fired you because you had a second child? No other questions?" Wang Chuan asked in surprise.
Now he will maintain a reasonable skepticism about what any client says, because he has been fooled by clients too many times in the past.
"Really, my first child was a boy, and I'm in elementary school now. I got pregnant again by accident last year, and our husband and I left the second child with a casual attitude, but the family planning department refused to approve it. I have no choice but to go through the maternity procedures. I didn't even receive maternity allowance.
Maternity leave and pregnancy check-ups are treated as sick leave.I can bear it, but the company shouldn't use this as an excuse to fire me! "The woman said angrily.
"Well, I don't think it's reasonable for the company to fire you, but the family planning policy is mandatory, although it's not a legal requirement, but in practice it does have different standards.
In the Labor Contract Law, there are special regulations for female employees during pregnancy, childbirth and breastfeeding. It is really inappropriate for the company to do so, but in Jiangxi and Guangdong, the referees are required to link the caliber with the family planning policy, and they will be dismissed for violating the family planning policy. Yes, courts generally side with businesses. "
Wang Chuan saw that it was clearly written in the dismissal notice that he was dismissed because the woman in front of him gave birth to a second child without a birth certificate.
"Then why is the sentence here in the imperial capital?" The woman asked hastily.
"There is no clear regulation here in the imperial capital. So there is uncertainty in your case. There is a risk of losing the case in your case." Wang Chuan reminded.
"Anyway, it's like this. The labor arbitration hearing will be held tomorrow, so I have to fight this lawsuit. What do you think is the probability of my winning this case?" The woman bit her lip and said.
"50.00%! Do you plan to go back to work or ask for compensation?" Wang Chuan asked.
"Our unit is a state-owned enterprise. I want to go back and continue working. You know it's not easy to find a good job now. The salary in our unit is not bad. Although the salary is less, at least the salary can be paid as usual!" the woman said.
"Well, are you a general worker or a management post in the company?" Wang Chuan asked.
"I'm just an ordinary production worker with little education. It's too difficult to find a job outside!" the woman said.
Last year, there was a #subprime mortgage crisis in the beautiful country. In [-], it spread to the country, and many enterprises were affected. Because of the decrease in employment opportunities, a large number of foreign students returned to China to find jobs, and it is common for them to be unemployed after graduating from college.
As a general worker who needs education but no education, and skills but no skills, the only thing a woman wants now is a stable job, returning to the company to continue working, and supporting her family with a meager income.
"I can fight for you, or you can go to court yourself, ask for the resumption of labor relations, and go back to work." Wang Chuan said.
"I mean, I want to ask a lawyer to represent me. Can you represent me in this case?" the woman asked, her eyes full of expectation.
"Yes! When will the court be held tomorrow?" Wang Chuan asked.
"Tomorrow at nine o'clock in the morning, at the Shijingshan Labor Arbitration Commission." The woman asked, "How do you charge the lawyer's fee?"
"Your case is not complicated, and the lawyer's fee is 5000 yuan, which is only for the labor arbitration stage. If there is a first and second trial later, you have to pay separately." Wang Chuan said.
"5000 yuan! Can it be cheaper? My husband was laid off at the end of last year. The elder brother has to go to school, and the second child needs to drink milk powder. Now the family income is not much, and they can't make much money a year." The woman whispered.
Wang Chuan saw that the woman was wearing work clothes, her skin was dark red (probably sunburned), and she didn't look like she was rich. After thinking for a while, Wang Chuan thought about it and said, "Well, I will calculate the legal fee for you at 3000 yuan. It can't be lower. Already!"
The woman didn't speak, she lowered her head and looked at the ground with a troubled expression on her face!
"I have another way. I'll write you a statement of the case, and you go to court yourself. You can just read it as you go, and then you can just tell the truth when the arbitrator asks you." Wang Chuan said.
"How much does it cost to write a case statement?" the woman asked looking up.
"Not much, one hundred yuan is enough, and today's consultation fee will be waived for you." Wang Chuan said.
The woman nodded, took out a hundred yuan from her pocket and handed it to Wang Chuan.
Wang Chuan asked the woman to drink some water and rested. After asking a few more questions, he began to draft the case statement.
More than half an hour later, Wang Chuan sent the woman away.
Zhang Dahuyou at the side stirred the coffee with a small spoon, and sighed: "The wife was fired, the husband was laid off, and the two children went to school and the other drank milk powder. These days are not easy!"
"Well, the hard times will pass!" Wang Chuan said, looking in the direction of the door.
"Yes! The hard times will pass! Life must go on." Zhang Dahuyou sighed.
There were few consultations throughout the day, Zhang Dahu was carefree, drinking coffee cup after cup, and then went to the toilet again and again.
When he was about to get off work, Wang Chuan was packing up the case files on the table, when the woman who had been here in the morning appeared at the door again.
"Hello, are you...what's the matter?" Wang Chuan hesitated for a moment, not knowing what the woman was doing here. She had just consulted in the morning.
"Wang... Lawyer, I went home and discussed with my husband, and I think it is better to hire a lawyer. After all, this lawsuit is very important to my family." The woman looked at Wang Chuan eagerly.
"Well, it's okay to entrust me to do it." Wang Chuan nodded.
"Do you think this lawyer's fee can..." The woman was not good at bargaining, but she looked at Wang Chuan with a request for a price reduction.
(End of this chapter)
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