Grassroots lawyers also have spring

Chapter 414 It really lives up to its name!

"Our small company doesn't have any HR manager. There was a HR specialist who resigned less than a month after she arrived, and she was in charge of all HR matters.

Before, I asked her to make a copy of the job responsibilities, and the personnel affairs belonged to her. She would send me a weekly report to report the work situation every week. " Shen Datou said.

"Oh, have you brought the labor arbitration materials?" Wang Chuan then asked.

"No, I forgot to bring it when I came out today!" Shen Datou said.

"I haven't seen the materials of your case now, just what you said, so I can only give a preliminary judgment. If the vice president is in charge of personnel, there should be a fight for not signing a labor contract.

As for whether it is illegal to terminate the labor contract, it needs to look at the evidence of the other party.Was it your company that fired her? "Wang Chuan said.

"No, absolutely not. We just quarreled a few times. She said that I doubted her management ability, so she wouldn't come the next day. We didn't fire her." Shen Datou said.

"Well, I think so, Mr. Shen. It's convenient for you to come to our office with the case file materials that day, or we can go to your place. Let's talk after reading the materials." Wang Chuan said.

"Okay! No problem. Give me your address. I'll arrange it in the next two days. Let's go to your law firm!" After Shen Datou finished speaking, he smiled and said, "Since you are Yuanyuan's senior brother, we will not see each other. Today My treat, what do you want to drink, just order it?"

"Didn't I just say that my elder brother doesn't drink alcohol?" Pan + Jinlian said with dissatisfaction.

"Oh! Thank you! I forgot about it!" Shen Datou slapped his forehead and said, "Then have some fruit, a fruit plate."

After a while, the waiter came forward with a fruit plate: "Hello, today's fruit plate is free. There is a guest for a treat. He will pay for the fruit plate of everyone present!"

"Drink! Show off, right? Go tell everyone that Mr. Shen will pay for the unpaid drink money tonight!" Shen Datou said with an expression of dissatisfaction.

Wang Chuan thought that Shen Datou was just talking, but he didn't expect that shortly after the waiter left, a man stood on the stage in front of him with a microphone and said loudly: "Everyone old and new, Mr. Shen will pay for the drinks tonight! Let us offer a toast to Young Master Shen!"

Shen Datou got up and raised his wine glass to everyone around him, with a look of enjoyment on his face!
The first time Wang Chuan saw this situation, his eyes were straightened!

Looking at his expression, Pan+Jinlian giggled, leaned into his ear and whispered, "Now you know why I called him Datou Shen!"

Wang Chuan nodded, Shen Datou!It really lives up to its name!

On Monday, Shen Datou called Wang Chuan, and he brought the company's administrative specialist to Zhengyang Law Firm.

In the meeting room, Wang Chuan and Ouyang De received Shen Datou.

Although Ouyang De now has a lawyer's license, he still handles cases with Wang Chuan and other lawyers. Even for the simplest cases, Wang Chuan does not dare to give up. He always checks the preparation work before the trial to control the quality.

In this regard, Ouyang De has no objection, just can also use the team's lawyers to check whether his preparations are sufficient, and the presence of other team lawyers can also play a role in stabilizing the morale of the army.

"Mr. Shen, I've looked at the case materials. On October [-]st, after the holiday, I came back to the court session. There are still nearly half a month left.

In the case file, the other party provided a dismissal agreement, which stated that after mutual agreement, you will give her 1 yuan as compensation for termination, and there is the company's official seal on it.Have you seen this agreement? "Wang Chuan put down the materials in his hand and looked at Shen Datou.

"I haven't seen it before. She wrote this document herself. At that time, the management of our company's official seal was relatively loose. Anyone who wanted to use a seal could go directly to my office and get it stamped." Shen Datou said, looking at the administrative officer beside him.

The administrative commissioner, surnamed Gao, is a woman in her 30s with an average appearance.

"Yes, our company's official seal is usually placed in Mr. Shen's drawer. At that time, out of trust, the deputy general manager could directly stamp it without approval." The administrative commissioner said.

"Did your company give her the above money?" Wang Chuan asked.

"The company didn't give it to her. I transferred her 1 yuan from my personal bank. I remember that I didn't provide her with a computer. I gave her [-] yuan and asked her to buy a laptop for office use."

After finishing speaking, Shen Datou thought for a while and said: "Oh, I understand, she is afraid that I will ask her for the money, so she wrote an agreement and the 1 yuan will be regarded as compensation."

Wang Chuan nodded: "It should be like this. It says that it has been paid, so it should be the money."

"She should have written this agreement herself. She never told the company about it! Boss Shen has never seen it, and neither have we. Can I get the money back?" said the administrative commissioner.

"This...is difficult. Unless your company has evidence to prove that the official seal on this certificate was stolen by her, it was not the company's original intention." Wang Chuan shook his head and said.

Shen Datou glanced at the administrative commissioner, who shook his head.

"Forget it! Take 1 yuan as a lesson. Can we win this case?" Shen Datou asked with concern.

"Because your company did not sign a labor contract with her, she demanded twice the company's difference, as well as compensation for illegal termination of the labor contract and overtime pay.

Of these three items, I think the riskiest is the first item, which requires us to provide sufficient evidence for the double company difference without signing a labor contract.As for compensation for illegal termination of labor contracts and overtime pay, support is unlikely.

Mr. Shen said before that she is in charge of business including personnel affairs. Does your company have relevant systems?I remember Mr. Shen said before that there is a job responsibilities, as well as weekly report documents, can this be provided? After Wang Chuan finished speaking, his eyes swept over the faces of Shen Datou and the administrative commissioner.

"It can be provided. I will go back and look for it. It should be on the OA system. But after the vice president resigned, she deleted some of the report content on the OA system." The administrative commissioner said.

"How could she delete the content on the OA system? I mean how could she have such great authority?" Wang Chuan was surprised.

"At that time, I valued her very much, so I gave her a lot of authority." Shen Datou said with an awkward smile.

After finishing speaking, he suddenly said: "But I remember that she sent me a lot of documents through QQ. At that time, we recruited a group of technicians. I asked her about the labor contract during the meeting. The weekly report she gave me It should be reflected in it. I have an impression of this."

"By the way, Lawyer Wang, a few days before the vice president left, she sent a document to our group, which is her labor contract, and she urged the company to sign it with her as soon as possible.

I remember that Mr. Shen urged her several times during meetings before, asking her to sign the labor contract as soon as possible, but she always refused to sign it on the grounds that the labor contract had not been revised. Now it seems that she should have already planned for labor arbitration. " said the administrator.

(End of this chapter)