Grassroots lawyers also have spring

Chapter 420 How can a person with two skins make sense!

On October 22, Wang Chuan brought Ouyang De to the Haidian Court.The case of Gan Lan's dismissal from the securities company started at nine o'clock in the morning.

Originally, Ouyang De wanted to do some non-litigation business. In his opinion, the non-litigation business is more advanced, but the non-litigation team has no shortage of lawyers and is often on business trips, so he has not found a suitable opportunity.In desperation, he had to do business with Wang Chuan and Du Wenhui.

The judge who tried the Ganlan labor dispute case was a female judge in her 40s. Her short hair looked very capable, and her face was full of vicissitudes. At a glance, she knew that she had tried many cases, and she was exhausted in advance!
"Plaintiff, make a clear claim." The short-haired female judge said.

"There are four claims in the lawsuit: the first is to confirm the existence of a labor relationship between the plaintiff and the defendant; the second is to order the defendant to pay the plaintiff a total of eight months' wages from December 8 to July 7 The third judgment ordered the defendant to pay the plaintiff twice the wage difference that the plaintiff did not sign the labor contract, a total of [-] yuan; the fourth judgment ordered the defendant to pay the plaintiff [-] yuan in compensation for the illegal termination of the labor relationship.

Facts and reasons: The plaintiff joined the defendant's finance department in December 1, and the salary agreed upon by both parties was [-] yuan per month..." Wang Chuan was interrupted by a short-haired female judge in the middle of his sentence.

"Okay, the trial time is limited, so you don't need to read the rest. Are the facts and reasons consistent with what is stated in the indictment?" the short-haired female judge asked.

"Consistent, no change." Wang Chuan said.

"The defendant defends." The short-haired female judge looked at the dock.

The representatives of the securities company in the defendant's seat were the two lawyers from the big firm that Wang Chuan met during the last negotiation, Lawyer Zhao and Lawyer Huang.

"The defendant disagrees with the plaintiff's claim. The plaintiff has never worked for the defendant and is not an employee of the defendant. The plaintiff is only an intern of the defendant.

There is no labor relationship between the plaintiff and the defendant, and the two parties have a labor service relationship. The court is requested to dismiss the plaintiff's claim according to law. Lawyer Zhao said confidently.

Although Lawyer Huang on the side did not speak, he always maintained the temperament of an industry elite.

"Plaintiff, present evidence." The short-haired female judge said.

"The first piece of evidence is the Koukou chat record between the plaintiff and the manager of the defendant's financial department, which shows that Manager Hu of the financial department assigned work tasks to the plaintiff, proving that the plaintiff was under the management of the defendant and carried out the tasks assigned by the manager of the defendant's financial department. Product research, collation of relevant data, etc.

The second piece of evidence is that the plaintiff asked Manager Hu of the Finance Department about the record of signing the labor contract, which proves that the plaintiff had asked Manager Hu about signing the labor contract many times, but the other party has been delaying the signing of the labor contract on the grounds that it is being submitted for approval.

The third piece of evidence is that the plaintiff entered the defendant’s internal OA system and submitted photos of the work report to the defendant. The original copy of this evidence was on the defendant’s OA system, and the plaintiff could only provide photos.

The fourth piece of evidence, the photo of the defendant’s team building, proves that the plaintiff participated in the defendant’s team building and is an employee of the defendant.

The fifth piece of evidence, the photo of the plaintiff's workplace, proves that the plaintiff works at the defendant's place, is under the management of the defendant, and is an employee of the defendant.

The sixth piece of evidence, Zhaopin.com’s salary standards for similar positions recruited by companies of the same nature as the defendant’s, proves that the plaintiff’s monthly salary of 1 yuan is within a reasonable range.

The proof is over! "Wang Chuan said.

"The defendant cross-examines!" The short-haired female judge looked at the dock.

"The authenticity, legitimacy and relevance of the first evidence are recognized by the defendant. But the purpose of the proof is not recognized. All the jobs arranged by Manager Hu of the Finance Department for the plaintiff are the jobs of interns, and the plaintiff entered the defendant as an intern. .

The second evidence, authenticity, legitimacy and connection, shall not be recognized, and the purpose of proof shall not be recognized.Manager Hu recruited the plaintiff in the name of an intern, and he told the plaintiff that the entry procedures are being submitted for approval is completely deceiving the plaintiff.What Manager Hu said was entirely his own behavior and had nothing to do with the defendant.

The proof purpose of the third piece of evidence is not recognized by the defendant. The plaintiff’s submission of the work report is part of the intern’s work, in order to better urge the plaintiff to complete the internship.

The fourth piece of evidence proves that the defendant does not approve of the purpose. Interns are also entitled to participate in the team building organized by the defendant, and every time the defendant organizes team building, non-company employees will participate. The photos cannot show that there is a labor relationship between the two parties.

The fifth piece of evidence proves that the defendant does not recognize the purpose.It is normal for the plaintiff to practice at the defendant's place, and the defendant provides him with a job.You can't let the interns bring their own desks and chairs!

The authenticity and relevance of the sixth piece of evidence is not recognized, and the salary standard for similar positions in Zhaopin has nothing to do with this case.

Cross-examination is complete! "Attorney Huang next to Attorney Zhao cross-examined with the plaintiff's list of evidence.

Wang Chuan could see that the two lawyers hired by the defendant had done a lot of work in court, otherwise they wouldn't look confident.This is really justified by what people say with two skins!But in the end it comes down to the evidence.

"The defendant presents evidence!" the short-haired female judge said calmly while looking through the evidence.

"The first piece of evidence is that when the plaintiff joined the third-party company, he submitted the entry registration materials to the China Securities Regulatory Commission, which stated that he was the defendant's intern, proving that there was no labor relationship between the two parties, and that the two parties had a labor service relationship.

The second piece of evidence, the wages list of the defendant’s employees, proves that the wages of employees working at the defendant’s office with the same educational background and working hours as the plaintiff range from 6000 to 1 yuan, and the monthly salary of [-] yuan claimed by the plaintiff does not meet Defendant salary scale.

The proof is over! "Lawyer Zhao, who was sitting in the dock, held the evidence list and said.

"The plaintiff cross-examines evidence!" The short-haired female judge looked away from the defendant's evidence and looked at Wang Chuan, the plaintiff's attorney.

"The authenticity and legality of the first evidence are recognized, but the relevance is not recognized. The reason why the plaintiff wrote interns on the filing materials is because the defendant did not issue any proof of labor relationship to the plaintiff at that time. When I joined the next company, I was forced to write as an intern." Wang Chuan picked up the evidence provided by the other party and said.

When Ouyang De communicated with Gan Lan about the case before, Gan Lan mentioned that when she joined the next securities company, the other party asked her to provide her securities qualifications and relevant resumes, and the company had to report to the China Securities Regulatory Commission.

When providing her job resume, Gan Lan truthfully explained her previous work situation to her new employer. The other party suggested that she should write as an intern first, so as not to delay her entry into the job, and wait for the labor arbitration later.

Gan Lan thought about it again and again, and now she really can't produce any direct evidence to prove that she has a labor relationship with her old employer, so she only wrote it as an intern on the filing documents with the Securities Regulatory Commission.

(End of this chapter)