Grassroots lawyers also have spring

Chapter 417 Be patient!

The applicant's attorney, the male lawyer wearing gold-rimmed glasses, had an angry expression on his face. It was unclear whether it was refuted by Wang Chuan or to cover up his unprofessionalism.

"Respondent, when did the claimant leave the job?" asked the arbitrator with black-rimmed glasses.

"The resignation time has been indicated in the dismissal agreement, which is the day after the applicant sent the labor contract to Daqun to urge the company to sign the labor contract.

I draw the attention of the arbitrator that the applicant sent the labor contract to Daqun and asked to sign it as soon as possible at [-]:[-] p.m. on the same day. The employees of the company got off work at [-]:[-], and the applicant did not come to work the next day. The sincerity of signing the labor contract. "Wang Chuan said.

"Respondent's agent, you can answer whatever I ask, don't expand at will!" the arbitrator with black-rimmed glasses said impatiently.

Ouyang De on the side couldn't understand the attitude of the arbitrator with black-rimmed glasses, but Wang Chuan stopped him when he was about to speak.

"Small intolerance can lead to great chaos, people have to bow their heads under the eaves!... Be patient!" Wang Chuan leaned close to Ouyang De's ear and whispered.

Ouyang De understood what Wang Chuan meant, no matter if you are a dragon or a tiger outside, you must lie cross-legged on this three-acre land, otherwise the subsequent court hearing will be very sad.

"Applicant's agent, why did the applicant resign? Is there any wage arrears or failure to pay social security?" asked the arbitrator with black-rimmed glasses.

"The applicant did not resign, but was fired. There is a dismissal agreement as evidence. Otherwise, the name of the agreement would not be called a dismissal agreement! The original intention of the respondent is to dismiss the applicant." The male lawyer with golden glasses quibbled.

"The one who was dismissed? You read the first paragraph of the dismissal agreement, 'The applicant has reached an agreement due to personal reasons...', is it your bad eyesight, or my bad eyesight? Take a closer look!" Black-rimmed glasses The arbitrator asked with an angry look on his face.

"I guess they both have bad eyesight!" Ouyang De whispered in Wang Chuan's ear.

"Pay attention to discipline!" The black-rimmed glasses glanced at Ouyang De and snapped.

"I'll go back and check with the applicant again!" the male lawyer with gold-rimmed glasses scratched his head and said helplessly.

"Okay! The respondent is giving evidence!" the arbitrator in black glasses ignored the male lawyer in gold glasses and looked directly at Wang Chuan.

"The first piece of evidence is a set of four pieces of evidence, one or ten weekly reports. These ten weekly reports are weekly reports submitted by the claimant to the general manager of the respondent by email;

[-]. Job responsibilities. This job responsibilities are the responsibilities of each job drafted by the applicant and submitted through the company's OA system. The job responsibilities will be implemented two days after the applicant submits;

[-]. Minutes of the meeting of the respondent, the main content of which is to divide the duties of the two vice presidents, and the minutes of the meeting bear the signature of the applicant;

[-]. The lawyer's letter sent by the lawyer hired by the applicant to the respondent, which clearly states that the applicant is the deputy general manager of the respondent and is in charge of personnel work.

The first evidence proves that the claimant is the deputy general manager of the respondent, responsible for personnel work, supervising employees to sign labor contracts, and formulating rules and regulations are the responsibility of the claimant.The claimant has to submit a weekly report to the general manager of the respondent on the work content every week.The above email has been notarized and has a notarization certificate.

The second piece of evidence, the resignation application letter of the personnel commissioner and the handover documents, proves that the claimant has taken over all the personnel work of the respondent since the personnel commissioner left, and the respondent has never recruited a personnel commissioner.

The third piece of evidence, the employee handbook of the respondent, proves that the claimant is responsible for the personnel work, and the claimant is responsible for the general manager.

The fourth piece of evidence is the labor contract of five employees who joined the applicant at the same time. This labor contract was signed by the applicant on behalf of the legal representative, and the labor contract has an official seal.It proves that employees of the respondent are required to sign labor contracts after joining the company, and the respondent is very strict about the entry procedures and the signing of labor contracts.

The fifth piece of evidence, the withholding document submitted by the applicant requiring the respondent to sign the labor contract, proves that the document was submitted when the applicant was about to leave work in the afternoon the day before the applicant’s departure. It was obviously preparing for labor arbitration, not Really want to sign a labor contract.

The sixth piece of evidence, the respondent's employees' overtime management measures, proves that the respondent has clear regulations on employees' overtime work, and it cannot be counted as overtime work without approval.

The proof is over! "Wang Chuan said.

"The applicant cross-examined, be concise and to the point." The arbitrator with black-rimmed glasses said indifferently.

"The first piece of evidence... the content of the email and the minutes of the meeting are approved. The authenticity of the job responsibilities is not approved, and there is no signature of the applicant."

The male lawyer with golden glasses knew that the email was indeed sent by the applicant when he saw the sending email, because the applicant used this email when the two parties passed the legal documents before.The respondent's meeting minutes were signed by the applicant, which was the same as the signature on the entrustment contract and power of attorney from the appearance, and he could not recognize it.

"The authenticity, relevance and proof purpose of the second piece of evidence are not recognized, and even if the applicant and the HR specialist hand over, it cannot prove that the applicant is actually responsible for all the company's personnel.

This kind of situation is very normal in the company. Generally, employees of small companies will hand over their work to administrators or colleagues after leaving the company, but this does not prove that the receiving party will actually be responsible for the corresponding work.

The authenticity of the third piece of evidence is not recognized. The employee handbook does not have the signatures of the employee and the applicant. It should belong to the status of not yet formulating the employee and is invalid for the applicant. "The male lawyer with gold glasses put down the third piece of evidence and picked up the fourth piece of evidence.

It is true that the employee handbook has not been announced to the employees. In the words of Shen Datou, the employee handbook has been uploaded to the internal system, and the employees have been asked to check it.

But from a professional point of view, uploading the employee handbook to the system does not necessarily mean that the publicity to employees has been completed, because there is no follow-up follow-up, and there is no online reading receipt for employees.Employees can defend on the grounds that they do not know or have not seen it.

This is equivalent to formulating the system, but not reading it to the employees, but putting it on the bookshelf. Although it is placed within the reach of the employees, no one has given training and preaching to the employees, which means that it has not been announced to all employees. Naturally it won't work for employees.

Wang Chuan has already reminded Shen Datou, and some time ago he also went to Shen Datou's company to assist the company's administrative specialist and newly recruited personnel specialist to conduct system training for all employees.Of course, the work cannot be done in vain. Wang Chuan received 5000 yuan in legal fees.

(End of this chapter)