Grassroots lawyers also have spring

Chapter 361 Experts
In fact, it’s not surprising that middle-aged people with large brains think so. For example, if you go to a small clinic for medical treatment, the nurse will tell you that the doctor who is attending today is a famous doctor who has studied abroad for many years and is an expert in a certain field.

It's just such a small clinic, only [-] to [-] square meters in total, will there be internationally renowned experts attending the clinic?Do you believe it?Even if they take out academic certificates, degree certificates and past cases, customers may think that this is P, and the so-called experts are parallel imports.

Wang Chuan saw suspicion from the other party's eyes, smiled and took out his lawyer's certificate from his bag, and then took out a newspaper published by a well-known newspaper in the imperial capital, which of course was published a long time ago.

"Look, this is my lawyer's certificate. There is a news report in this newspaper, ... yes, this is this one. Look, I am the third person standing in the back row in the photo." Wang Chuan handed the newspaper to He gave it to the other party, pointing to the photo in the newspaper.

Although what Zhang Dahuyou said is a little watery, Wang Chuan is really good at labor business, and he has indeed been to the International Labor Organization and studied and exchanged. Although he is not an expert, he still has a little knowledge of laws, regulations and judicial practices in the field of labor. Two.

"It's amazing, you are young and promising!" Half of the doubts of the middle-aged man with the big brain were dispelled.

But how can an old Jianghu who has been struggling in the arena all the year round easily believe that the other party is an expert in labor law with just a lawyer's certificate and a newspaper!

Nowadays, there are so many experts from all walks of life who can rub it with a dustpan, it is hard to tell the truth from the fake!There is an old saying that is good: It is the mule that is pulled out by the horse!What is true cannot be false, and what is false cannot be true!

"I see that you have a consultation fee written here, how do you charge?" The middle-aged man with a large forehead was very cautious.

"Fifty for half an hour, [-] for one hour, less than half an hour will be charged as half an hour, and more than half an hour will be charged as one hour." Wang Chuan quoted fluently.

"I would like to consult. An employee of our unit resigned some time ago. After resigning, he went to the Labor Bureau. He was arbitrated on the grounds that we did not enroll him in social security and asked the company to pay the social security fee. You said that in this case we Can you win? It's at the Shijingshan Labor Arbitration Commission." The middle-aged man with a large brain asked.

"Let me ask you, is it because you haven't given him social security since he started working?" Wang Chuan asked.

"Yes!" said the middle-aged man with a big brain.

"For what reason did your company not provide him with social security? Didn't the employees of the company have social security?" Wang Chuan continued to ask.

"No, all other employees in our company are covered by social security, but he is the only one who didn't. Before joining the company, he took a construction certificate in the previous unit, and then he hung up the certificate in the previous unit, and the social security was also covered by that unit.

After he resigned, the social security and certificate were still in the previous unit, and the previous unit paid him the certification fee, so our company did not provide him with social security when he joined the job.

He even wrote a fact sheet at the time! "The middle-aged man with the brain gate said.

"First construction certificate?" Wang Chuan didn't know much about the construction industry.

"It's a first-class construction engineer certificate, which is difficult to pass. Many people will be linked to other units to earn extra money after obtaining the certificate. It's a lot of money!" The middle-aged man with a big brain explained.

"Oh, that's right! Is his social security still covered by that company?" Wang Chuan asked.

"It should be, because in principle, both the first-level construction engineer certificate and social security should be in the same company. Our head office is currently checking the registration of the certificate, so he chose to leave.

But who knows that he in turn sued the company on the grounds of not paying social security, requiring the company to pay social security expenses.The court will be held this afternoon. Our legal counsel doesn't know much about labor matters, so I came here for consultation. "The middle-aged man with the brain gate said.

"Let me explain to you that according to the current jurisprudence of the imperial capital, if the other party is not covered by social insurance because of the company's reasons, in other words, because the company does not provide him with social security, and he leaves the job and applies for labor arbitration for economic compensation, the company will undoubtedly lose. .

However, if the failure to enroll in social security is due to objective reasons, for example, he pays social security outside the company or other companies pay him social security, in this case, if he does not reduce the number of employees in social insurance, you will not be able to increase the number of employees in social security.

In this case, although the company did not provide the employee with social security, the employee's social security has been paid without any loss, and the company was unable to pay the social security for him because of the employee's own reasons. In this case, the resigned employee requests For social security expenses, the court will generally reject the laborer's request.

But labor arbitration is not necessarily the case, because labor arbitration is not as detailed as the court, and the standards are not consistent, so you must raise the reason for not paying social security to the arbitrator when you open the court, and apply to the arbitrator to transfer the other party’s Social security payment records.

Even if you lose the labor arbitration, you still have the chance to move back to the court. " Wang Chuan explained.

"It's that simple?" The middle-aged man's eyes showed suspicion.

"You see, it's not difficult for those who meet, but not for those who are difficult! This is actually a layer of window paper. If I explain the matter clearly, you will understand!" Wang Chuan said with a smile.

"I have consulted several law firms before, both big and small, some of them said something very mysterious, and some said something very simple, which made my mind a mess.

I think what you said is clear and clear, and people can understand it as soon as they hear it, and there is no obstacle to communication.It's not like their mouthful of technical jargon, to be honest, I really can't understand it! "The middle-aged man with a big brain said with a smile.

"You don't need to compliment me. Whether I'm right or not, you'll know as soon as the results of the court and labor arbitration come out. You don't have any other good options now anyway. You might as well try my suggestion to you.

But if the other party is asking for financial compensation, it's hard to say. "Wang Chuan knew that although the other party said nice things, they might not actually believe what he said.

"What do you mean?" The middle-aged man with a large forehead looked puzzled.

"Because the "Labor Law" stipulates that employers must pay social security for employees, it is a fact that the company does not pay social security for employees. Once employees request financial compensation, according to the provisions of the Labor Law, the company will most likely lose the lawsuit.

Of course, there are special circumstances, such as long-term vacationers and early retirees employed by enterprises who have not yet reached the retirement age. For such persons, because of the special circumstances, judicial practice generally does not support the laborers’ demand for economic compensation due to failure to pay social security. ask.

As for your company's situation, I personally think that it is unreasonable for employees to demand financial compensation.In fact, the problem your company encountered is also a difficulty in the application of the law, and the judgments in different places are not the same.

Some courts will dismiss the employee's request, taking into account the circumstances of fault.However, some courts will directly apply the provisions of the "Labor Contract Law" and judge the company to pay compensation.

As far as the imperial capital is concerned, some judges will consider the degree of fault of both parties when trying such cases, and the scale of judgment also tends to develop in this direction.

Therefore, if the resigned employees of your company request to pay economic compensation, it is not certain whether the court in the imperial capital can support it, at least I am not sure.

Fortunately, the employees only asked for social security fees, not economic compensation. "Wang Chuan said.

(End of this chapter)