Grassroots lawyers also have spring

Chapter 395 The smell of wine is also afraid of deep alleys!

"Well, you are a member of the 'two senior officials and one secretary', and the non-competition agreement applies to you. However, it has been more than a month since the company applied for arbitration. According to the agreement, the non-compete agreement expires in October.

However, if the time limit for arbitration and litigation is deducted according to the agreement, it means that after the judgment takes effect, you will have to perform the non-competition for more than three months, and the time for labor arbitration and litigation will not be counted in the [-]-month non-compete within the restricted period.

The key is that labor dispute cases are subject to the system of one judgment and two trials. When the verdict becomes effective, we don’t know when it will be. Maybe a year, maybe a year and a half. It’s hard to determine the time!
I think this clause is unreasonable and unfair, and limits your right to choose a job. "Wang Chuan said.

"Lawyer Wang, do you think I have a chance of winning this case?" Zhou Zheng said.

"I personally think that your case has a good chance of winning, but I dare not give you a guarantee."

Wang Chuan didn't dare to make a big deal, Zhou Zheng's case had already been lost in labor arbitration, and the court's verdict is uncertain!It was also the first time he encountered such a case, so he was not very sure.Although jurisprudentially, the probability of winning is very high, but the ideal is full and the reality is very skinny. The specific decision depends on the judge!

"Lawyer Wang, let me ask one more question. If you handle my case, how much will you charge?" Zhou Zheng nodded and asked.

"There are two disputes in your case, one is the calculation of liquidated damages, and the other is whether the clause excluding arbitration and litigation is valid.

If it is only about the amount of liquidated damages, 2 yuan is enough for your case. I am talking about the first trial, and the second trial requires an additional fee, but it can be halved.

But now your case still has the issue of the validity of the terms of the agreement. If you entrust only the first trial, the legal fee for the whole case will be [-] yuan;

If you package the first and second trials for me, I can give you a discount of 5 yuan.If you sign a contract today, the consultation fee will be waived. "Wang Chuan said.

"Oh, I understand. That is to say, if the first trial and the second trial are entrusted separately, the total price should be 5 yuan, right! If they are entrusted together, the total price is [-] yuan.

What if there is no second trial?Do you refund?If I entrust both the first and second trials to you. " Zhou Zheng asked.

"No retreat! Do you think the company will let it go if you win? In other words, will you let it go if the company wins?" Wang Chuan asked.

snort!How can the money in the pocket be withdrawn!

"What you said makes sense. That's all right, I'll entrust you to represent the first and second trials." Zhou Zheng thought for a moment.

Wang Chuan was taken aback for a moment, he really didn't expect the man in front of him to be so happy!

After signing the agency procedures, Wang Chuan took the case files and asked, "Mr. Zhou, can I ask you a question?"

"Lawyer Wang, tell me," Zhou Zheng said.

"Why did you choose me to represent your case? You should have been to many law firms for consultation!" Wang Chuan asked.

"To be honest, I really didn't go to other law firms for consultation. When I was looking for a lawyer on the legal website, I saw that your office address was near me, so I just glanced at your introduction twice.

I see that you have participated in the exchange and study of the International Labor Organization, and many cases have been listed as typical cases by the High Court and the Supreme Court. Among them is a non-compete case last year. I think your professional ability is very strong, so Just called you.

Fate, everything is fate. "Zhou Zheng smiled.

A few years ago, after Wang Chuan's case was listed as a typical case by the High Court and the Supreme Court, he sorted out the cases he had done, and put all the cases he could take, especially the cases selected as typical cases, on the website for Do your own publicity.As my classic case, it is for customers to view. Of course, the customer's information on the case has been processed, but the case number is there, so as not to be misunderstood as a case made up by myself.

Nowadays, the fragrance of wine is also afraid of deep alleys in this year!Wang Chuan had no choice but to do so!

"It's really a coincidence. Your case will be in court next week. I will do my best. You need to prepare the evidence that I told you just now. You should prepare it as soon as possible." Wang Chuan said with a smile.

After seeing off Zhou Zheng, Wang Chuan returned to his work station. He really didn't expect that a few typical cases and an exchange and study with a labor organization could make customers have such trust in him.It's the first time to sign a contract!No effort!
The next job is to prepare well for the trial. He will represent the plaintiff, Zhou Zheng, in the Shijingshan court trial.Strive for a good result for the client.

"Wang Lv, there will be a conference call in a while. The newly signed Ji Province client wants to consult about labor and management issues." Ouyang De walked to Wang Chuan and said.

"Okay, tell me when it's time." After Wang Chuan finished speaking, he tapped on the keyboard.

At this moment, the phone on Wang Chuan's desk rang.

"Hello Mr. Gao, what's the matter?" Wang Chuan said after connecting.

Mr. Gao is a newly signed client in the firm. Their company is located in the industrial park, and the scale is not large. It is a high-tech enterprise.

"Lawyer Wang, the leaders of the park came to our company to inspect this morning. After reading our company's rules and regulations, they said that our rules and regulations are illegal and let us rectify them." Mr. Gao said.

"Illegal? Did the leaders of the park point out that those places are illegal?" Wang Chuan asked.

"They said that our employee handbook contains a lot of clauses involving fines, such as a fine of 50 yuan for late arrival and early departure, and a fine of [-] yuan for clocking in for others. These clauses are not legal.

Lawyer Wang, are these clauses illegal?This employee handbook was provided by our previous lawyer, and we deliberately added penalty clauses.

You also know that I came from a state-owned enterprise, which was stipulated by state-owned enterprises before, and I don't understand how it is illegal to use it in private enterprises. "Mr. Gao had question marks all over his head.

"Mr. Gao, don't worry! The leaders of the park are right. What you said about the fine has a historical origin. Let me explain it to you and you will understand.

In [-], the State Council promulgated the "Regulations on the Reward and Punishment of Enterprise Employees", which gave enterprises certain administrative powers of law enforcement, but at that time they were all state-owned enterprises. Under the economic background at that time, state-owned enterprises had to bear part of the government's responsibilities.The punishment power (fine) of state-owned enterprises you mentioned started from then on.

However, after January [-], the "Labor Contract Law" and "Labor Law" replaced the "Regulations on the Reward and Punishment of Enterprise Employees", which means that the "Regulations on the Reward and Punishment of Enterprise Employees" were abolished.

With the abolishment of the "Regulations on Rewards and Punishments for Enterprise Employees", neither state-owned enterprises nor private enterprises have the power to fine, but they can set up penalty powers such as demerits, major demerits, and dismissal.

Fines to employees deprive employees of their property rights. Therefore, fines belong to the category of property punishment, and the subject of exercising this right can only be the administrative agency stipulated by laws and regulations.Not every administrative agency has the power to enforce the law. Think about it, isn't that the case? " Wang Chuan explained.

(End of this chapter)