Grassroots lawyers also have spring

Chapter 350 Life is not easy
"Lawyer Wang, I'm really sorry. My husband was hospitalized a few days ago, the family is old and young, and I have to go to work again. It's a mess. I haven't come to pay your lawyer's fees in a hurry. I'm really sorry! Please take care of me!" Zhao Xiaohua looked sincere.

"It's okay, it doesn't matter if the lawyer's fee is early or late. How is your husband?" Wang Chuan said politely, but in his heart he wanted to ask if he could pay the lawyer's fee today.

"My husband has been discharged from the hospital today. It's nothing serious. I took a day off. I just brought you the money in the afternoon when I have nothing to do. It's five thousand in total. Please order." Zhao Xiaohua took out the money from the inner pocket of her overalls. A cloth bag was opened layer by layer to reveal a stack of hundred-yuan bills.

"Wait a minute, I'll let the accountant come over." Seeing this, Wang Chuan hurriedly got up and called the accountant over.

After counting the money, the accountant issued an invoice to Zhao Xiaohua, and the two parties settled the settlement.

"Sister Zhao, how is your work?" Wang Chuan asked.

"What else can I do? Just make do with it. The company's profits are not very good now, only more than 2000 points per month. But it's still stable, it's better than nothing.

My husband is not in good health and can't do heavy work. He used to ride a tricycle to sell pancakes at a stall in the city and earn some money to subsidize his family. Now he is like this again... Life will always pass. After a while, my husband will recover. Enough.

I won't waste your time, I have to pick up the kids from school later.

Attorney Wang, thank you! "Zhao Xiaohua said, got up and bowed deeply to Wang Chuan, with tears in her eyes.

"Sister Zhao, you don't have to be so polite!" Wang Chuan hurriedly got up and said.

After sending Zhao Xiaohua away, Wang Chuan had a faint self-blame in his heart. He was still thinking about Zhao Xiaohua's fault before, but now it seems that he was wrong!
Life is not easy!

The next day, Wang Chuan came to the gate of Chaoyang Court, passed the security check and entered the court.

"Judge, I have submitted a complaint to the court, why am I listed as a defendant?" Gao Huai looked at the defendant's sign in front of him, and looked at the young female judge with a ponytail sitting on it.

"Before the hearing, let me say something first, because both of you are dissatisfied with the result of the labor arbitration, and you have both submitted complaints to this court.

According to Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II), if both the employee and the employer refuse to accept the same ruling of the Labor Dispute Arbitration Commission and file a lawsuit in the same people's court, the people's court shall The court shall try the cases together, and the parties shall be the plaintiff and the defendant to each other.During the litigation process, if one party withdraws the lawsuit, the people's court shall continue the trial based on the other party's claim.

Therefore, this court will jointly hear the cases of both of you. Both of you are the plaintiff and the defendant. For the convenience of the trial, you sit in the dock.

When the judgment is issued, we will mark both of you as plaintiff and defendant.Okay, now, do you both still have questions? ’ explained the ponytailed judge.

"No problem." Wang Chuan said.

"No!" Gao Huai didn't quite understand the judicial interpretation the judge said, but since he said it, let's go to trial.

.........

"Plaintiff, have you changed your lawsuit?" One asked Wang Chuan.

"No. The plaintiff believed that the defendant was suspected of falsifying his academic qualifications and should refund the plaintiff's wages, but the Labor Arbitration Commission only supported the request for a partial refund of wages. Therefore, the plaintiff refused to accept the lawsuit and asked the court to order the defendant to refund the wages." Wang Chuan said.

The evidence submitted by both parties is consistent with that of labor arbitration, so the evidence and cross-examination of both parties is no different from that of labor arbitration.

"Defendant, let me ask. You just mentioned that the headhunting company provided your resume to the plaintiff. You don't know the content of the resume. Then who filled out the previous work experience and entry information on the entry registration form, and the signature below Did you sign it yourself?" asked the ponytailed judge.

"I wrote it, and I signed it too." Gao Huai said.

"Plaintiff, you think the amount of wages returned is too small, what is the basis for your request for wages back?" asked the ponytailed female judge.

"The defendant forged his academic qualifications and practice experience, causing the plaintiff to misjudgmentally sign a labor contract with him, and therefore paid him more than 60 yuan in wages. The plaintiff believes that the labor contract signed by both parties is invalid, and the defendant should return the corresponding wages.

As for the amount to be refunded, the plaintiff calculated it according to the [-] wage guidance price in the human resources market in Beijing.

In addition, considering that the defendant violated the principle of good faith, the plaintiff gave the defendant a maximum of [-] yuan, and the defendant's extra salary should be returned to the plaintiff. "Wang Chuan said.

According to Wang Chuan's previous investigation, based on the average monthly salary standard of the previous year (67) in the Imperial Capital, the average annual salary of employees is 320 yuan, equivalent to [-] yuan per month. Yuan.

Defendant Gao Huai worked in Wanhui Company for ten months, and received a salary of 230 yuan at most, which was less than the amount awarded by the labor arbitration no matter how he was calculated.

Labor contracts are different from general business contracts. If a business contract is found to be invalid, the legal consequence is to restore the original state. If the original state cannot be restored, monetary compensation shall be given.

The labor contract is different. The content of the labor contract is that the laborer provides labor to the employer to obtain remuneration. Once the labor contract is found to be invalid, the possibility of the court ruling that the laborer will return all the wages received is very small. Similarly, the employer is also impossible. Return to the laborer all the physical and mental labor provided by the laborer.

Therefore, after the laborer provides labor, even if the labor contract is found to be invalid, as long as the laborer does provide labor and the employer accepts the labor provided by the laborer and benefits, the employer should give the laborer the corresponding labor remuneration. The common point: one day's work should be paid for one day's work.

The entire trial process lasted for an hour and a half. The female judge with ponytail kept chasing the defendant Gao Huai to ask questions.

After walking out of the gate of Chaoyang Court, Wang Chuan basically knew the result of the referee. There should be no problem winning this case. The main thing is how the court will award the refunded amount.

After leaving the court, Wang Chuan immediately called Manager Xu of Wanhui Company and informed him of the court proceedings. Although he felt that he had a chance to win, he did not tell Manager Xu.

Because he knows that everything is variable before a judgment is made, and he dare not make a big deal to guarantee the client.

After get off work in the evening, Wang Chuan ate an egg fried rice at the small restaurant in front of the door. When he got home, he took out his N-handed laptop and boarded the button to contact Fang Hua.

(End of this chapter)