Grassroots lawyers also have spring
Chapter 330 Tangled!
Chapter 330 Tangled!
"The company judges whether the employee is qualified for the job based on the performance of the employee during the probationary period. From the legal point of view, it is illegal to extend the probationary period.
But this is not absolute. In Shanghai, Jiangsu and other regions, if the company and employees reach an agreement, it is possible in principle to extend the probationary period within the period that does not violate the probationary period stipulated by law.There are many jurisprudence in favor of companies doing this.
But in the imperial capital, this doesn't work.According to judicial practice and previously retrieved cases, the court will think that this is a violation of the "Labor Contract Law" that the same employee can only agree on a probationary period.
Therefore, before the expiration of the probationary period, there is no legal basis for the company to unilaterally change the agreement on the probationary period in the labor contract, especially in the imperial capital.It is definitely illegal for your company to do so. " Wang continued.
After finishing speaking, Wang Chuan looked at Liu Anfu and joked, "How is it? Leave this matter to me, and I will arrange it for you. Don't worry!"
"If I go to court, the company will definitely not keep me after the probationary period." Liu Anfu shook his head and smiled wryly.
"Don't worry! You have actually passed the probationary period. If the company fires you, you can apply for labor arbitration, requesting that they have illegally terminated the labor relationship, and request the company to resume the labor relationship with you."
"What about after the contract expires?" Liu Anfu shook his head uneasy.
"How long has your labor contract been signed?" Wang Chuan asked in a daze.
"Our batch signed for one year when we joined the company." Liu Anfu said, "Even if I win the lawsuit, can I continue to work?"
"Then there is no other way, I can only help you to check whether there is a suitable position for you on the recruitment website." Wang Chuan spread his hands.
Life is not easy, especially when it is difficult to find a job. For the few taels of money that can relieve all kinds of hunger, Liu Anfu will not choose to use the law to protect his rights unless it is a last resort.Compared with those few taels of silver, the rights seem so insignificant!
"If you can't do it, come to the law firm and become a lawyer!" Wang Chuan advised.
"Be a lawyer!?" Liu Anfu shook his head like a rattle: "I'm not that kind of material, so let's practice business in the company in a down-to-earth manner. There was a female lawyer in Guangdong Province who had been working for less than three years, and then I applied to the Bureau of Justice to revoke my lawyer's license. Do you know the reason?"
"What?" Wang Chuan was taken aback and asked.The others also pricked up their ears and listened.
"I can't make any money!" Liu Anfu said flatly.
Uh... Wang Chuan is speechless!
It has been more than ten days since he came back from Xifeng Temple, and Wang Chuan is in a much better mood. Although he still has her shadow in the deepest part of his heart, for Wang Chuan, that is the past tense, and he wants to start a new life. Life.
Every morning, he would face the mirror and tell himself secretly: You are a young man with aspirations, and you cannot give up your lofty ideals for the love of your children.
As for what the lofty ideal is, Wang Chuan actually doesn’t know. Now he just wants to do more cases and accumulate experience, so that he can make a lot of money in the future, so that he can take root in the imperial capital, germinate, and then grow into a big tree that can withstand the wind and rain. big tree!
Time flies, some people say that time can solve everything, but it is not the case, time has many antidote, let alone poison, it is just an anesthetic.
Slowly make people numb and become social animals!
After entering July, the young masters on the Avenue of the Imperial City took popsicles and ice cream, and ate them in one bite to cool down their hearts.The girls were dressed in fancy dresses, which attracted the guys to stare at them with good eyes.
The elders and aunts in the community would take a big cattail fan and sit under the tree when they had nothing to do in the afternoon. While fanning the fan, they would watch vigilantly the faces of the newcomers entering and leaving the community.The red armbands on their arms gave them the power to picket.
As soon as Wang Chuan arrived at the law firm in the morning, he received a notice of labor arbitration from Shijingshan. Zhao Xiaohua (the client who was expelled from the state-owned enterprise because he had a second child without a birth certificate) had a labor arbitration, and he was asked to claim it.
The result of the ruling was expected by Wang Chuan, and Zhao Xiaohua's request was rejected.
"Sister Zhao, is it convenient for you? The award of the Shijingshan Arbitration Commission has come out. I just got it, and the situation is not optimistic." Wang Chuan stood at the gate of the Arbitration Commission and dialed Zhao Xiaohua's phone.
"Did you lose! It's okay, just tell me." Zhao Xiaohua said after a moment of silence.
"Well, but I think there is still a chance, you should give it a try. If it is convenient for you to come to the institute, let's talk!" Wang Chuan said.
His heart is a little heavy. In his opinion, this case has a chance of winning. The labor arbitration judgment is unreasonable and does not comply with the law...
"I have something to do at home, it's not convenient to go there..." Zhao Xiaohua hesitated.
"How about this, I'll send you the verdict, and let's find a place to discuss the case." Wang Chuan did not give up.
As far as he is concerned, if he just abandons the case like this, he will be entangled in his heart, entangled in the judgment scale of the court for such cases.
To be honest, he doesn't care how much the lawyer's fee for the first trial of this case can be charged. He is purely considering it from a technical point of view. He cares about whether the court will rule in favor of the laborer in this type of case and what the reasons are.
It was the first time he encountered such a case, and the attraction of the case itself had surpassed the legal fees charged.This may be the difference between technical personnel (lawyers) and management personnel (law firm directors, investors).
If he can't see the result of the case, he will scratch his head, feeling like a beggar who has been hungry for three or four days and sees the delicious fried chicken legs through the glass window.
Zhao Xiaohua on the other end of the phone was silent again, and she gave an address after a while.Wang Chuan knew the address, it was a bungalow area near Jin'an Bridge.
When Wang Chuan was about to get off the bus, he called Zhao Xiaohua. When he got off, she was waiting by the side of the road.
"Sister Zhao, this is the award." After getting off the car, Wang Chuan took out the award from the arbitration committee from his bag and handed it over: "Sister Zhao, where do you live?"
"Well, why don't you sit down at home, let's talk about the case at home." Zhao Xiaohua hesitated.
Originally, she didn't want Wang Chuan to go home, but there were people coming and going on the side of the road, and it was quite noisy, saying that the case was inconvenient, and she couldn't find a McDonald's or KFC, so in desperation, Zhao Xiaohua had to take Wang Chuan Chuan let him into the house.
Zhao Xiaohua's home is a row house (as the name suggests, a row house is a row of houses, very close together, basically only a trolley or an electric tricycle can walk between the front and rear houses, and there is no yard.
Walking into Zhao Xiaohua's house, Wang Chuan felt that the house was dark and depressing. Although it was past eleven o'clock in the morning, the sun basically couldn't shine into the house.There is only a little sunlight near the window.
(End of this chapter)
"The company judges whether the employee is qualified for the job based on the performance of the employee during the probationary period. From the legal point of view, it is illegal to extend the probationary period.
But this is not absolute. In Shanghai, Jiangsu and other regions, if the company and employees reach an agreement, it is possible in principle to extend the probationary period within the period that does not violate the probationary period stipulated by law.There are many jurisprudence in favor of companies doing this.
But in the imperial capital, this doesn't work.According to judicial practice and previously retrieved cases, the court will think that this is a violation of the "Labor Contract Law" that the same employee can only agree on a probationary period.
Therefore, before the expiration of the probationary period, there is no legal basis for the company to unilaterally change the agreement on the probationary period in the labor contract, especially in the imperial capital.It is definitely illegal for your company to do so. " Wang continued.
After finishing speaking, Wang Chuan looked at Liu Anfu and joked, "How is it? Leave this matter to me, and I will arrange it for you. Don't worry!"
"If I go to court, the company will definitely not keep me after the probationary period." Liu Anfu shook his head and smiled wryly.
"Don't worry! You have actually passed the probationary period. If the company fires you, you can apply for labor arbitration, requesting that they have illegally terminated the labor relationship, and request the company to resume the labor relationship with you."
"What about after the contract expires?" Liu Anfu shook his head uneasy.
"How long has your labor contract been signed?" Wang Chuan asked in a daze.
"Our batch signed for one year when we joined the company." Liu Anfu said, "Even if I win the lawsuit, can I continue to work?"
"Then there is no other way, I can only help you to check whether there is a suitable position for you on the recruitment website." Wang Chuan spread his hands.
Life is not easy, especially when it is difficult to find a job. For the few taels of money that can relieve all kinds of hunger, Liu Anfu will not choose to use the law to protect his rights unless it is a last resort.Compared with those few taels of silver, the rights seem so insignificant!
"If you can't do it, come to the law firm and become a lawyer!" Wang Chuan advised.
"Be a lawyer!?" Liu Anfu shook his head like a rattle: "I'm not that kind of material, so let's practice business in the company in a down-to-earth manner. There was a female lawyer in Guangdong Province who had been working for less than three years, and then I applied to the Bureau of Justice to revoke my lawyer's license. Do you know the reason?"
"What?" Wang Chuan was taken aback and asked.The others also pricked up their ears and listened.
"I can't make any money!" Liu Anfu said flatly.
Uh... Wang Chuan is speechless!
It has been more than ten days since he came back from Xifeng Temple, and Wang Chuan is in a much better mood. Although he still has her shadow in the deepest part of his heart, for Wang Chuan, that is the past tense, and he wants to start a new life. Life.
Every morning, he would face the mirror and tell himself secretly: You are a young man with aspirations, and you cannot give up your lofty ideals for the love of your children.
As for what the lofty ideal is, Wang Chuan actually doesn’t know. Now he just wants to do more cases and accumulate experience, so that he can make a lot of money in the future, so that he can take root in the imperial capital, germinate, and then grow into a big tree that can withstand the wind and rain. big tree!
Time flies, some people say that time can solve everything, but it is not the case, time has many antidote, let alone poison, it is just an anesthetic.
Slowly make people numb and become social animals!
After entering July, the young masters on the Avenue of the Imperial City took popsicles and ice cream, and ate them in one bite to cool down their hearts.The girls were dressed in fancy dresses, which attracted the guys to stare at them with good eyes.
The elders and aunts in the community would take a big cattail fan and sit under the tree when they had nothing to do in the afternoon. While fanning the fan, they would watch vigilantly the faces of the newcomers entering and leaving the community.The red armbands on their arms gave them the power to picket.
As soon as Wang Chuan arrived at the law firm in the morning, he received a notice of labor arbitration from Shijingshan. Zhao Xiaohua (the client who was expelled from the state-owned enterprise because he had a second child without a birth certificate) had a labor arbitration, and he was asked to claim it.
The result of the ruling was expected by Wang Chuan, and Zhao Xiaohua's request was rejected.
"Sister Zhao, is it convenient for you? The award of the Shijingshan Arbitration Commission has come out. I just got it, and the situation is not optimistic." Wang Chuan stood at the gate of the Arbitration Commission and dialed Zhao Xiaohua's phone.
"Did you lose! It's okay, just tell me." Zhao Xiaohua said after a moment of silence.
"Well, but I think there is still a chance, you should give it a try. If it is convenient for you to come to the institute, let's talk!" Wang Chuan said.
His heart is a little heavy. In his opinion, this case has a chance of winning. The labor arbitration judgment is unreasonable and does not comply with the law...
"I have something to do at home, it's not convenient to go there..." Zhao Xiaohua hesitated.
"How about this, I'll send you the verdict, and let's find a place to discuss the case." Wang Chuan did not give up.
As far as he is concerned, if he just abandons the case like this, he will be entangled in his heart, entangled in the judgment scale of the court for such cases.
To be honest, he doesn't care how much the lawyer's fee for the first trial of this case can be charged. He is purely considering it from a technical point of view. He cares about whether the court will rule in favor of the laborer in this type of case and what the reasons are.
It was the first time he encountered such a case, and the attraction of the case itself had surpassed the legal fees charged.This may be the difference between technical personnel (lawyers) and management personnel (law firm directors, investors).
If he can't see the result of the case, he will scratch his head, feeling like a beggar who has been hungry for three or four days and sees the delicious fried chicken legs through the glass window.
Zhao Xiaohua on the other end of the phone was silent again, and she gave an address after a while.Wang Chuan knew the address, it was a bungalow area near Jin'an Bridge.
When Wang Chuan was about to get off the bus, he called Zhao Xiaohua. When he got off, she was waiting by the side of the road.
"Sister Zhao, this is the award." After getting off the car, Wang Chuan took out the award from the arbitration committee from his bag and handed it over: "Sister Zhao, where do you live?"
"Well, why don't you sit down at home, let's talk about the case at home." Zhao Xiaohua hesitated.
Originally, she didn't want Wang Chuan to go home, but there were people coming and going on the side of the road, and it was quite noisy, saying that the case was inconvenient, and she couldn't find a McDonald's or KFC, so in desperation, Zhao Xiaohua had to take Wang Chuan Chuan let him into the house.
Zhao Xiaohua's home is a row house (as the name suggests, a row house is a row of houses, very close together, basically only a trolley or an electric tricycle can walk between the front and rear houses, and there is no yard.
Walking into Zhao Xiaohua's house, Wang Chuan felt that the house was dark and depressing. Although it was past eleven o'clock in the morning, the sun basically couldn't shine into the house.There is only a little sunlight near the window.
(End of this chapter)
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