Grassroots lawyers also have spring

Chapter 39 Director!You can't be so gentle!

This matter can't be blamed on Zheng Yi's being too realistic, there is no other way, he has to eat and pay rent, a penny is a hero!It's hard to be a good person these days!
"When I was recruiting, the boss promised me 800 yuan a month, but in fact, after deducting food, drink and social security money, I only got more than [-] points. I didn't sign any contract." Liu Baoan said.

Zheng Yi nodded and looked at Wang Chuan. Did you hear the meaning, do you still want to take this case?I'm afraid I won't be able to pay the lawyer's fees.

"Have you ever been to a legal aid center? They can help people file lawsuits for free!" Wang Chuan asked.

"Go, people say I don't meet the qualifications." Liu Baoan nodded.

"Before I came here, I went to several law firms, but those law firms said that there was no way I could do it, and I couldn't win this lawsuit... If there was no way, I would not go to the lawsuit, and I was going to go back to my hometown directly. It's nothing for my son." Liu Baoan held his breath.What he meant was very clear. Everyone said it couldn't be done. Let's see if you can do it. Anyway, a dead horse is like a living horse doctor.

"Mr. Liu, how about this, let's study your case, I will make a copy of this notice, and you will keep the original. Please leave a phone call, whether it can be done or not, I will call you tomorrow to tell you. You wait at home for the letter Just do it.

Do you live far from us? "Wang Chuan said.

"It's not too far, it's only half an hour away. Okay, I'll wait for your news." Liu Baoan left the law firm gratefully.

"Xiao Wang, are you really going to take it?" Zheng Yi felt that the chance of winning this case was not high, so he didn't want Wang Chuan to take it.

"Let me take a look first, there is a chance outside!" To be honest, Wang Chuan is also at a loss, he doesn't know where to start, let's look up the law first!

Comrade Lao Niu came back in the afternoon, and Wang Chuan followed Lao Niu into the office.More than half an hour later, Wang Chuan came out.

"How is it? The director agrees?" Zheng Yi asked in a low voice.

"The director said that if it can be done, we can make an exception and charge a lawyer's fee of 1000 yuan. It depends on whether the other party agrees." Wang Chuan thinks that the other party's agreement is unlikely.

Comrade Lao Niu’s original words are as follows: It’s not easy for everyone, and you can help if you can, but the lawyer’s fee should be charged, and the minimum is 1000 yuan.If you can, then you follow it, the right is to practice your hands!
In Lao Niu's view, no matter how small a mosquito's legs are, it is still meat. Now that the business in the firm is not saturated, it is good to find some work for trainee lawyers and a little income.

"Do you have a clue about this case?" Zheng Yi said.

"I'm not sure yet. You can help me check it later." Wang Chuan hesitated.

When he was about to get off work in the afternoon, Wang Chuan pulled Zheng Yi and Fatty Wan into Director Niu's office.Wei Ping and Pan + Jinlian also followed.

"Director, according to your instructions, I have invited Lawyer Zheng and Lawyer Wan." Wang Chuan said to Comrade Lao Niu who was sitting on the office chair and reading the case files.

"Okay, let's consider it an internal exchange meeting today. Xiao Wang is eager to learn, and young people are self-motivated, so we should help!" Director Niu said a few polite words.

Wang Chuan pulled a whiteboard to the front, talked about the general situation of the labor dispute case discussed today, and then wrote down the key information of the case on the whiteboard.

"I checked the "Labor Contract Law" this afternoon, No. 40. The four circumstances of the termination of the labor contract include: ([-]) when the labor contract expires; ([-]) when the laborer begins to enjoy the basic pension insurance benefits according to law; ([-]) ) the employee dies, or is declared dead or missing by the people's court; ([-]) the employer is declared bankrupt according to law; [-]) Other circumstances stipulated by laws and administrative regulations.

However, the situation of Mr. Liu in this case does not constitute any of the above conditions.

I also checked the "Labor Contract Law" No. 30 of the nine situations in which the employer can terminate the labor contract. There are a total of six situations in which the labor contract can be terminated (I will not write it so detailed in order to avoid suspicion of wording).

According to the notice sent by the company to Mr. Liu, the company wants to terminate its labor relationship with Mr. Liu, but strictly speaking, Mr. Liu is absent from work, and should be "terminated" from the labor contract, not a "termination" of the labor contract. Condition.So I think it is possible to call for revocation and request to continue to perform the labor contract. "Wang Chuan finished speaking and looked at everyone present.

"I think that although the law stipulates two cases of termination and rescission of the labor contract, the parties may think that they have the same meaning. If the lawsuit plan is made according to Wang Chuan's intention, will the risk be relatively high? Maybe it will not get support? "Pan + Jinlian's brain reacted quickly.

"Well, there is such a possibility." Director Niu nodded.

"I think there is still the possibility of being supported. Although the effect achieved may be the same, there is still a difference after all. If the termination of the labor contract and the termination of the labor contract have the same meaning, the "Labor Contract Law" does not need to stipulate that .

I understand that the term "termination" is caused by an objective reason, and it means that the labor relationship between the two parties has to be terminated, which means passive and helpless.The term "disarmament" is more proactive, and it is an active behavior of both parties.

As a legal employer, the company should be equipped with relevant professionals, and should also understand the legal difference between these two terms and their related regulations.So I support Wang Chuan's opinion. "Wei Ping supported the elder brother.

"Well, there is some truth to it." Director Niu nodded.

Everyone looked at Director Niu in unison. Director Niu raised his head and saw so many eyes staring at him in confusion: "What are you looking at me for?"

"Director! You have to give an opinion, you can't be so friendly!" Zheng Yi smiled wryly.

"Ah! Xiao Zheng, please tell me your opinion. And Xiao Wan, please tell me too." The director directly returned the carbine and threw the question to Zheng Yi.

"Now the two sides are already torn apart. After Wang Chuan said it just now, I thought about it, and I think there is still a chance of winning. I can try a fight, but the salary of the other party is too low, and I probably can't afford the lawyer's fee.

In addition, if the arbitration or the court supports our point of view and requires the continued performance of the labor contract, how should this work be done?Will the company terminate the labor relationship and fire the client on the grounds of absenteeism?I think the possibility is very high, it is better to talk about reconciliation, take the money and leave. " Zheng Yi said.

"Well, that's what I mean too. It's a labor arbitration, can the two parties continue to perform the labor contract? It's better to take the money and leave." Fatty Wan nodded.

"Well, I think it can be done.

As for the lawyer's fee, since the client has already come to the door and we have a plan, we can't let him escape.Attorney fees can be charged [-] in the labor arbitration stage, and if you go to the court to charge [-] later, the second trial will be halved.

If the other party disagrees, we can write a labor arbitration application for him for a fee of [-] yuan. "The director settled down as soon as he opened his mouth.

(End of this chapter)