Grassroots lawyers also have spring

Chapter 34 The real energy in the lawyer's bones!

"Hello! It's me. I think this kid can... um, Saturday, okay, I'll make arrangements." Sixth brother hung up the phone, turned and walked into the bar.

When the bar was closing, the sixth brother took advantage of Miss Hong's inattention and grabbed Wang Chuan: "Saturday afternoon, don't arrange other things, wait for my call, let's talk about something."

"Ah! Good." Wang Chuan was taken aback, and hurriedly nodded in agreement.

Early the next morning, when Wang Chuan walked into the law firm, he was stopped by the lady at the front desk, who handed him a courier from the Shishi City Labor Arbitration Commission.

Wang Chuan didn't need to look to know that it must be the previous labor arbitration case.

"Lawyer Zheng, the previous labor arbitration case in Shishi has come to a conclusion, and the arbitrator actually asked the company to compensate the employees, arguing that the company should bear the responsibility." Wang Chuan said and handed the ruling document to Zheng Yi.

"What is this all about? Earlier it was said that the two parties had a labor relationship, but it was not enough to cause a work-related injury, and then the company was required to take responsibility. What kind of bullshit logic is this!
God!O earth!Who gave her the courage to make such a sentence!If not, you must go to the court to sue and request to revoke the award of the arbitral tribunal.I'm going to call the company. Zheng Yi angrily took out his mobile phone and went to the meeting room to make a call.

In Zheng Yi's view, this is no longer a question of money, it is simply trampling on the knowledge he has learned in his four years of undergraduate law and three years of postgraduate study. The content of the ruling is simply nonsense.

The few trainee lawyers present were all dumbfounded seeing Lawyer Zheng being like this.It was also the first time Wang Chuan saw Zheng Yi lose his temper!This incident also allowed Wang Chuan to see the seriousness in the lawyer's bones!

The company naturally couldn't accept such a verdict. After communicating with the company, Zheng Yi quickly reached an agreement that he would sue and never bow his head!
"Lawyer Zheng, I checked. The company is registered in the imperial capital, and the place where the workers actually perform their labor obligations is in Shishi City, Hebei Province.

According to Article [-] of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, "Labor dispute cases shall be under the jurisdiction of the basic people's court at the place where the employer is located or where the labor contract is performed. If the place where the labor contract is performed is not clear, the The grassroots people’s court at the place where the employer is located has jurisdiction.” (At this time, the Civil Code has not yet been implemented, and the judicial interpretation of the Labor Law promulgated by the Supreme Court is still valid)

Therefore, the company can file a lawsuit in the court of the registered place. According to the copy of the business license provided by the company, the company’s registered place is in Shijingshan. We don’t need to go to Shishi to sue, but directly sue in Shijingshan. "Wang Chuan said confidently.

"Are you sure? Send me the judicial interpretation of the Supreme Court." Zheng Yi was a little uncertain. He didn't want to make a fool of himself in front of his clients, so he had to be sure.

To be honest, Zheng Yi seldom encountered this kind of situation. In fact, he didn't pay much attention to labor dispute cases, and handed them all over to Wang Chuan. Naturally, he didn't learn too much about this aspect.

Wang Chuan was talking about the jurisdiction of the case. To put it bluntly, it is the question of which court to sue. It sounds simple, but there are many lawsuits that are blocked from the court because of the jurisdiction issue. The court simply refuses to file the case. Filing a case means that the case cannot be started, and the interests of the plaintiff cannot be protected and supported by the law in real life.

Generally speaking, when a company grows large, it will inevitably set up some offices or project teams in other provinces, and hire some local employees to do things.

Once a dispute arises, employees will definitely choose to apply for labor arbitration locally. After the company receives the notice of the labor arbitration committee, it will send people on business trips to participate in the court hearing. Not only is the cost high, but it is also time-consuming and laborious. What can you do to me!

If the party representing the laborer participates in this type of labor arbitration, some experienced labor lawyers will add one or two requests to the request that the arbitrator looks angry and will never support.

The original intention of this type of request is not to obtain the support of the arbitrator, but to facilitate the dispute for the jurisdiction of the court.Once you get the ruling document, if all your requests are supported, how can you sue, and will you go to court to sue?Certainly not!There is no reason to sue!
But with such a design, there will be one or two requests that will not be supported. Once the ruling is issued, the lawyer will immediately suggest that the laborer go to court to sue, and first determine the competent court.This is the same as fighting a war, first occupy a favorable terrain and then talk about it!
If the laborer does not go to the local court to sue, the company has the right to choose to sue in the place where the company is registered if it is not satisfied with the ruling. In this way, the laborer has to go to the place where the company is registered to participate in the court hearing, which virtually increases the labor costs. Litigation costs and time costs for the parties.

These are the litigation skills summed up by lawyers in practice.The labor dispute case that Wang Chuan was in charge of this time happened to be the case.

Wang Chuan began to draft the indictment, and it was much easier to sue in the Shijingshan Court. It only took an hour to go there, which was much closer than going to Shishi.It saves the lawyer's business trip and saves the cost for the client.

Before leaving get off work in the afternoon, Wang Chuan drafted the indictment and the statement of attorney, and handed it over to Zheng Yi, who deleted a lot of content with a swipe of a pen.

"Xiao Wang! Be careful when drafting complaints in the future. Don't write too many things. Be concise. Just explain things clearly. Remember, too many words will lead to mistakes!
In addition, the judges are very busy, who wants to read a long speech, as long as they can understand what is going on.The function of the indictment is to start the litigation procedure, as long as the purpose is achieved, the rest can be stated in the court session. After Zheng Yi handed over the revised indictment and attorney's statement to Wang Chuan, he taught him another lesson.

Pan+Jinlian and Wei Ping on the side seats listened carefully like two little white rabbits. No one told them these words before.

"Okay, print out the complaint and get it ready. Next Monday, the company will come to sign the contract and go through the entrustment procedures. Then they will stamp and sign the complaint." A look told Wan Fatty to go downstairs to smoke.

Wang Chuan wrote down what Zheng Yi said one by one, and began to prepare the entrustment procedures and the indictment and other documents.

Just as she was about to leave work, Mu Huaijin walked into the law firm with her bag.

When passing by Wang Chuan's work station, Mu Huaijin paused for a moment, then turned to look at Wang Chuan who was busy: "Xiao Wang, do you still remember the Li Changjiang who negotiated with us last time? It's the old man who took sick leave and was very annoying. Fried dough sticks."

"Ah! What's the matter?" Wang Chuan asked with a look of doubt.

"Suspected of fraud, he has been transferred to the procuratorate! It is said that he was fully recruited on the day he was called by the police to talk. Sentence." Mu Huaijin said with a smile.

"Oh?! Evil comes with evil!" Wang Chuan couldn't tell what it was like: "Being sentenced for more than 1 yuan! Is it worth it!"

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(End of this chapter)