Grassroots lawyers also have spring

Chapter 368 Old Bacon!
Early the next morning, Wang Chuan came to the law firm. Since it was the first day of work after the Spring Festival, there were not many lawyers in the firm.Zheng Tongzi went back to the Northeast for the Chinese New Year, but he hasn't come back yet.

Zheng Yi was the first to come. In his words, being at home is like going to jail. He eats three meals a day, sweeps the floor, wipes the table, and takes care of the children. He has long been looking forward to going to work.

In the first week, everyone had nothing to do. Apart from drinking tea, chatting and spanking every day, they just looked at the case files that had been turned over countless times before the trial.

"Oh! I never thought that I would be able to live the life of a veteran cadre when I was in my 30s, spending the day with a cup of tea!" Zheng Yi said, lying on the office chair happily and looking at the sky outside the window in the distance.

"Although you are leisurely now, in half a month, you should be busy!" Sister Wang laughed.

"Bah! Bah! Bah! Crow's Mouth.

Sister Wang, spit quickly, how can you say such unlucky words!Too bad luck!Another day I'll buy a strip of bacon to hang on my table. "Zheng Yi said hastily.

"Why buy bacon?" Du Wenhui asked in a daze.

"That's not easy. Lawyer Zheng will take a bite when he's hungry, satisfying his hunger and satisfying his hunger." Hao Renyuan laughed.

"What do you know? This is my trick. Don't say it! Don't say it!" Zheng Yi said in a mysterious way.

"Cut, how did you learn from your uncle who is a doctor?" Fatty Wan glanced at Lawyer Zheng and said dismissively.

"Learn from it! Just learn from it!" Zheng Yi said with a smile.

"Wan Lu, what kind of stalking is this, tell me quickly!" Sister Wang came over, regardless of her age, she still has a strong ability to accept new things.

"We all know that the doctors in the emergency department of the hospital are very busy, and I don't know who invented it. Whenever the doctor is on the night shift, he will take out a piece of bacon and pay respects, hoping that there will be nothing wrong at night and a peaceful sleep.

Our lawyer Zheng learned this trick from his uncle who is a doctor in the emergency department, and is going to take it to the law firm to try it out. If it succeeds, he will be the most leisurely lawyer in our law firm this year! Fatty Wan laughed.

At this moment, Lao Niu walked into the law firm: "So who, Lawyer Zheng, come here, I have a case for you." After speaking, Lao Niu walked into the office.

After a moment of silence, everyone suddenly burst into laughter, and Zheng Yi reluctantly walked to Lao Niu's office: Hey!Looks like I really need to get some bacon tomorrow!It has to be old bacon!
In the afternoon, Wang Chuan chatted with Fatty Wan and others, and suddenly received a call from Lao Niu.In the afternoon, a client came to the office to inquire about labor matters, so let him receive him.

Half an hour later, the lady at the front desk came to find Wang Chuan. The client had already arrived at the law firm and was in the No. [-] meeting room.

"Hello, I'm Lawyer Wang." Wang Chuan introduced himself after entering the conference room.

"Hello, I called Director Niu at noon. Is Director Niu in the institute?" A 40-something-year-old with big eyes and a small cropped head looked at Wang Chuan.

"Director Niu has gone to the consulting unit. He asked me to receive you. If you have any questions about labor and management, I can answer them for you." Wang Chuan said politely.

It was obvious that the other party came for Director Niu, but he didn't expect that it was a young lawyer who received him.

"That's fine! Our company has been arbitrated by employees. Here are the materials of the case. Can you help me find out the chances of winning this case?" Xiaocuntou said.

It can be seen that Xiaocuntou is a bit reluctant, probably because he has not met Director Niu.

"Maybe you can introduce the situation!" Wang Chuan took the case file and opened it to read.

"Our company hired an old accountant at the beginning of last year to do the accounting for us. At the end of last year, I fired him because he made several mistakes in a row.

I didn't expect this old guy to submit our company to labor arbitration!Just at the Shijingshan Labor Arbitration Commission.Later, the labor arbitration side did not accept his case.

He went to Shijingshan Court again and sued our company.It's that simple! "Xiaocuntou said angrily.

"The company didn't sign a labor contract with him?" Wang Chuan asked.

"Yes, our company is a small company, not standardized, and I didn't think so much at that time." Xiaocuntou said.

"The other party asked for confirmation of the labor relationship, the double wage difference for the unsigned labor contract, and compensation for illegal termination of the labor contract.

How many months has this old accountant worked in your company? "Wang Chuan asked.

"I have been working for ten months. I should have joined the job in March last year, until December. That's right, I paid him ten months' salary." Xiaocuntou thought for a while.

"[-] yuan a month, [-] yuan in ten months... Hey! No! How old is he? Judging from the date of birth written in the complaint, he should have retired. You have done it for him Is there any retirement procedure?" Wang Chuan asked.

"As soon as you said it, I really remembered that in May, our administration went through the retirement procedures for him, but now we have not paid him social security since June.

Does this have anything to do with our case? "Xiaocuntou blinked.

"It's relevant, it's very relevant. According to Article No. 20 of the "Regulations for the Implementation of the Labor Contract Law", when an employee reaches the retirement age, the labor contract is terminated.

If the old accountant has already received a pension, then from the date of retirement, the company has become a labor relationship with him, and the company's dismissal of him does not involve economic compensation and compensation.

However, in practice, whether the labor relationship should be terminated on the day when the employee completes the retirement procedures and enjoys pension benefits, or the labor relationship should be terminated from the date when the employee reaches the retirement age, judicial practices vary.Both cases have occurred in previous cases.

Therefore, the safest way for the company is to terminate the labor relationship with the employee and sign a labor contract after the employee enjoys the pension benefits.

As for the case of your company, the employee has retired now and started to enjoy pension benefits. It should be said that his relationship with your company has become a labor relationship since June last year.

As for the part of the double wage difference, I personally think that since there is no longer a labor relationship, the part of the double salary difference should not be supported.Of course, the courts in various places have different standards for controlling this issue, and there is a possibility that they will be required to pay double wages.

This case will be in court next Monday. In terms of evidence, especially when the other party retired, you need your company to prepare evidence.Would you like to entrust? "Wang Chuan said.

"I want to ask, if you ask you to represent my case, how will you charge for the lawyer's fee?" Little Cun Tou asked with flickering eyes.

"The case is not high, and it is in Shijingshan. The lawyer's fee is 6000 yuan. Only the first trial, if there is a second trial, you will pay another 3000 yuan." Wang Chuan said.

"Okay. Can I swipe the card?" Xiaocuntou said after struggling for a few seconds.

When he was about to leave work, Lao Niu walked into the law firm with his bag.

"Wang Chuan, how about the case this afternoon?" Lao Niu asked.

(End of this chapter)