Grassroots lawyers also have spring
Chapter 396 Leader Wang has gone to a meeting!
Chapter 396 Leader Wang has gone to a meeting!
"I understand what you said. The traffic police can fine you, and the tax department can also fine you..." Mr. Gao said.
"So! The company is a profit-making business organization, and has no administrative enforcement power, nor the right to stipulate fine clauses in internal rules and regulations, unless there is a clear authorization by laws and regulations.
Although there are different opinions in legal practice, what I tell you is the mainstream opinion, which is mastered by the judicial offices of the imperial capital. "Wang Chuan hurriedly struck while the iron was hot and explained.
"Okay, I understand the general meaning, just don't let us set up fine clauses! Anyway, the park requires us to rectify, and we must cooperate.
Lawyer Wang, please help us revise the "Employee Handbook"!Although the people in our company are all engaged in research and are knowledgeable, they have little contact with labor law, which is not as professional as yours. "Mr. Gao said.
"No problem, just ask the HR supervisor to send us the "Employee Handbook", and we will revise it." After Wang Chuan finished speaking, he said a few more polite words and hung up the phone.
"Guo Tong!" Wang Chuan said after putting down his phone.
"Lawyer Wang, what's the matter?" Guo Tong raised his head and looked at Wang Chuan.
"Mr. Gao and his company will send an "Employee Handbook" in a while. You can see if it is worth revising. If it is too time-consuming to modify, you can add the unique clauses in their "Employee Handbook" to our existing "Employee Handbook." "Manual", make a new version for them. When you are done, send it to me." Wang Chuan said.
"Okay, don't worry." Guo Tong agreed.
Guo Tong has been in the legal and counseling team for several months, and he is very careful in his work. Wang Chuan arranged for her to revise the "Employee Handbook" before, so Wang Chuan arranged for her to be responsible for revising the "Employee Handbook" of the Gao head office.Because the business of labor and capital is too trivial, sometimes Wang Chuan can't take care of it, so he intends to train Guo Tong to develop in this direction.
Although Guo Tong works very hard, he is also very dedicated.But she still has her own ideas--the labor business is too low-end, too many things don't make money!
"Wang Lu, there are 5 minutes left for the meeting, let's go to the conference room." Ouyang De said.
When Wang Chuan and Ouyang De walked into the conference room, Zheng Yi winked at Sister Wang and said in a low voice, "Did you see that! Leader Wang is going to a meeting."
"Don't talk sarcasticly. When you were asked to lead a team of legal consultants, you didn't do anything. Now it's too late to think about being an official!" Sister Wang said with a curl of her lips.
"Look at what you said, it seems that I'm jealous of Wang Chuan.
What I mean is that he spends the rest of the day working except for sleeping, and has to answer several phone calls during lunch together.Thanks to me for not agreeing to the director! " Zheng Yi laughed awkwardly.
"You! You can fish all day long! You don't even think about a great future!" Sister Wang hated iron for steel.
Sister Wang is quick-spoken, warm-hearted, and older than everyone else, so no one really cares about her when she says something out of her mouth!
"This is what I say, a thousand people have a thousand ways of living. Why do I earn so much money as a girl? Many gold-collar workers with an annual salary of one million may not be as comfortable as I am. I just need to worry about food and clothing. In my life It's not easy, you have to enjoy it in time!" Zheng Yi said in awe.
"Just tell me, you have a good daughter-in-law, a stable job, a house and a car at home, and you don't have to worry about food and clothing. If you are like Wang Chuan and Hao Renyuan, nothing else, buying a house can make you breathless." I can't breathe.
Your child is still young, you can try again after entering junior high school or high school, just enrolling in cram school is enough for you to drink a pot. "Sister Wang sometimes speaks indiscriminately, but fortunately, my colleagues have been used to it for many years.
"You are right, I want to work hard and be an aspiring young man! I want to become the richest man in the country in five years, and surpass Bill Gates in the beautiful country in ten years..." Zheng Yi pretended to be determined.
"Hahaha." Sister Wang burst into a series of magical laughter seeing Zheng Yi like this.
Besides, in the meeting room, Wang Chuan and Ouyang De were sitting by the phone, pressed the speakerphone, and waited for the other party's questions.
"Lawyer Wang, Lawyer Ouyang, hello, I am the HR manager of the company. My name is Wang Yun, and our president Song is also here." A woman's voice came out.
Immediately afterwards, a magnetic man's voice came: "Hello, Lawyer Wang, Hello, Lawyer Ouyang. I am Song Jun." Song is always the second in command of their company.
"Hello Mr. Song, hello Manager Wang." Wang Chuan said, "Does your company have any legal problems?"
"I have a phone meeting with you two today because I want to ask you a few legal questions.
The first question is about work-related injuries.
Our headquarters is in Jijizhuang, but we have a wholly-owned subsidiary in Shanghai Stock Exchange. Before that, we recruited a deputy general manager. His position is in the subsidiary in Shanghai Stock Exchange, but he wants to put social security in the capital.
We helped him find a company that had business dealings with us. In Fengtai District, the imperial capital, we linked his social security to that company.
When he was working in the Shanghai stock market last month, he was hit by a car when he was out, and the other party was solely responsible.Because his social security was paid in Fengtai District, we sent people to Fengtai District Labor Bureau to apply for work-related injury identification.
However, the Fengtai Labor Bureau refused to identify it, because the employee did not provide labor for the company in Fengtai, and there was no real labor relationship between the two parties, so it could not be identified as a work-related injury.
Later, we consulted the labor department of the Shanghai Stock Exchange, because the subsidiary company did not pay the social security for the vice president in the Shanghai stock market. The labor department of the Shanghai stock market can identify work-related injuries, but the subsidiary company has to bear all the expenses.
We also consulted several lawyers before, and someone suggested that we sue the labor department of Fengtai District.
So I would like to ask, can we go to the court to sue the labor department in this situation and ask the Fengtai District Labor Bureau to revoke the previous decision not to recognize the work-related injury?What are the odds? " Manager Wang asked.
"First of all, the vice president of your company's subsidiary pays the social security at a third party in the capital, but actually works in the Shanghai subsidiary. This situation is a separation of labor relationship and social security. Employees who are related to pay social security.
Of course, in practice, for various purposes, there are also many situations where social security is linked. Once a work-related injury occurs, there is a possibility that it will not be recognized as a work-related injury.
In this case, even if the company sues the labor department, the chances of winning are not great, almost zero. "Wang Chuan said.
"Then should we bear the work-related injury expenses of the vice president? He asked us to pay social security for him in the imperial capital." Manager Wang then asked.
"According to the "Regulations on Work Injury Insurance", if a company that should pay social insurance for employees fails to pay social insurance for employees, if an employee suffers a work-related injury, the company will bear all the responsibility for the work-related injury.
Although your company pays for social security, it is paid by a third party. Therefore, in judicial practice, it will be considered that the subsidiary has not paid social security for its employees.All work-related injury responsibilities are borne by your company's subsidiaries, and the work-related injury fund will not pay any expenses. "Wang Chuan said.
(End of this chapter)
"I understand what you said. The traffic police can fine you, and the tax department can also fine you..." Mr. Gao said.
"So! The company is a profit-making business organization, and has no administrative enforcement power, nor the right to stipulate fine clauses in internal rules and regulations, unless there is a clear authorization by laws and regulations.
Although there are different opinions in legal practice, what I tell you is the mainstream opinion, which is mastered by the judicial offices of the imperial capital. "Wang Chuan hurriedly struck while the iron was hot and explained.
"Okay, I understand the general meaning, just don't let us set up fine clauses! Anyway, the park requires us to rectify, and we must cooperate.
Lawyer Wang, please help us revise the "Employee Handbook"!Although the people in our company are all engaged in research and are knowledgeable, they have little contact with labor law, which is not as professional as yours. "Mr. Gao said.
"No problem, just ask the HR supervisor to send us the "Employee Handbook", and we will revise it." After Wang Chuan finished speaking, he said a few more polite words and hung up the phone.
"Guo Tong!" Wang Chuan said after putting down his phone.
"Lawyer Wang, what's the matter?" Guo Tong raised his head and looked at Wang Chuan.
"Mr. Gao and his company will send an "Employee Handbook" in a while. You can see if it is worth revising. If it is too time-consuming to modify, you can add the unique clauses in their "Employee Handbook" to our existing "Employee Handbook." "Manual", make a new version for them. When you are done, send it to me." Wang Chuan said.
"Okay, don't worry." Guo Tong agreed.
Guo Tong has been in the legal and counseling team for several months, and he is very careful in his work. Wang Chuan arranged for her to revise the "Employee Handbook" before, so Wang Chuan arranged for her to be responsible for revising the "Employee Handbook" of the Gao head office.Because the business of labor and capital is too trivial, sometimes Wang Chuan can't take care of it, so he intends to train Guo Tong to develop in this direction.
Although Guo Tong works very hard, he is also very dedicated.But she still has her own ideas--the labor business is too low-end, too many things don't make money!
"Wang Lu, there are 5 minutes left for the meeting, let's go to the conference room." Ouyang De said.
When Wang Chuan and Ouyang De walked into the conference room, Zheng Yi winked at Sister Wang and said in a low voice, "Did you see that! Leader Wang is going to a meeting."
"Don't talk sarcasticly. When you were asked to lead a team of legal consultants, you didn't do anything. Now it's too late to think about being an official!" Sister Wang said with a curl of her lips.
"Look at what you said, it seems that I'm jealous of Wang Chuan.
What I mean is that he spends the rest of the day working except for sleeping, and has to answer several phone calls during lunch together.Thanks to me for not agreeing to the director! " Zheng Yi laughed awkwardly.
"You! You can fish all day long! You don't even think about a great future!" Sister Wang hated iron for steel.
Sister Wang is quick-spoken, warm-hearted, and older than everyone else, so no one really cares about her when she says something out of her mouth!
"This is what I say, a thousand people have a thousand ways of living. Why do I earn so much money as a girl? Many gold-collar workers with an annual salary of one million may not be as comfortable as I am. I just need to worry about food and clothing. In my life It's not easy, you have to enjoy it in time!" Zheng Yi said in awe.
"Just tell me, you have a good daughter-in-law, a stable job, a house and a car at home, and you don't have to worry about food and clothing. If you are like Wang Chuan and Hao Renyuan, nothing else, buying a house can make you breathless." I can't breathe.
Your child is still young, you can try again after entering junior high school or high school, just enrolling in cram school is enough for you to drink a pot. "Sister Wang sometimes speaks indiscriminately, but fortunately, my colleagues have been used to it for many years.
"You are right, I want to work hard and be an aspiring young man! I want to become the richest man in the country in five years, and surpass Bill Gates in the beautiful country in ten years..." Zheng Yi pretended to be determined.
"Hahaha." Sister Wang burst into a series of magical laughter seeing Zheng Yi like this.
Besides, in the meeting room, Wang Chuan and Ouyang De were sitting by the phone, pressed the speakerphone, and waited for the other party's questions.
"Lawyer Wang, Lawyer Ouyang, hello, I am the HR manager of the company. My name is Wang Yun, and our president Song is also here." A woman's voice came out.
Immediately afterwards, a magnetic man's voice came: "Hello, Lawyer Wang, Hello, Lawyer Ouyang. I am Song Jun." Song is always the second in command of their company.
"Hello Mr. Song, hello Manager Wang." Wang Chuan said, "Does your company have any legal problems?"
"I have a phone meeting with you two today because I want to ask you a few legal questions.
The first question is about work-related injuries.
Our headquarters is in Jijizhuang, but we have a wholly-owned subsidiary in Shanghai Stock Exchange. Before that, we recruited a deputy general manager. His position is in the subsidiary in Shanghai Stock Exchange, but he wants to put social security in the capital.
We helped him find a company that had business dealings with us. In Fengtai District, the imperial capital, we linked his social security to that company.
When he was working in the Shanghai stock market last month, he was hit by a car when he was out, and the other party was solely responsible.Because his social security was paid in Fengtai District, we sent people to Fengtai District Labor Bureau to apply for work-related injury identification.
However, the Fengtai Labor Bureau refused to identify it, because the employee did not provide labor for the company in Fengtai, and there was no real labor relationship between the two parties, so it could not be identified as a work-related injury.
Later, we consulted the labor department of the Shanghai Stock Exchange, because the subsidiary company did not pay the social security for the vice president in the Shanghai stock market. The labor department of the Shanghai stock market can identify work-related injuries, but the subsidiary company has to bear all the expenses.
We also consulted several lawyers before, and someone suggested that we sue the labor department of Fengtai District.
So I would like to ask, can we go to the court to sue the labor department in this situation and ask the Fengtai District Labor Bureau to revoke the previous decision not to recognize the work-related injury?What are the odds? " Manager Wang asked.
"First of all, the vice president of your company's subsidiary pays the social security at a third party in the capital, but actually works in the Shanghai subsidiary. This situation is a separation of labor relationship and social security. Employees who are related to pay social security.
Of course, in practice, for various purposes, there are also many situations where social security is linked. Once a work-related injury occurs, there is a possibility that it will not be recognized as a work-related injury.
In this case, even if the company sues the labor department, the chances of winning are not great, almost zero. "Wang Chuan said.
"Then should we bear the work-related injury expenses of the vice president? He asked us to pay social security for him in the imperial capital." Manager Wang then asked.
"According to the "Regulations on Work Injury Insurance", if a company that should pay social insurance for employees fails to pay social insurance for employees, if an employee suffers a work-related injury, the company will bear all the responsibility for the work-related injury.
Although your company pays for social security, it is paid by a third party. Therefore, in judicial practice, it will be considered that the subsidiary has not paid social security for its employees.All work-related injury responsibilities are borne by your company's subsidiaries, and the work-related injury fund will not pay any expenses. "Wang Chuan said.
(End of this chapter)
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