Grassroots lawyers also have spring

Chapter 436 The Plaintiff, Don't Get Excited!
I don't know if it was because of the students who were sitting and watching today, but the male judge did not stop the male lawyer with gold rim glasses from reading out the indictment, which was as smelly and long as an old lady's footbinding.Instead, he assumed an attitude of listening carefully.

The male lawyer with gold-rimmed glasses read it for nearly 10 minutes, and the quotations were very bluffing.But in Wang Chuan's ears, apart from a few opinions, everything else is a bunch of nonsense, useless!But Sun Jing beside him was very satisfied.

"How can this guy be so good at talking! I didn't see him so good at labor arbitration before!" Ouyang De leaned close to Wang Chuan's ear and said in a low voice.

Wang Chuan saw the male judge glanced at the dock, and immediately wrote at the desk, as if he was recording the main points of the other party and preparing to refute.

After a while, Wang Chuan gently pushed a piece of A4 paper in front of Ouyang De's eyes: There are students observing below, please pay attention to court discipline and don't provoke the judge.Today the plaintiff, Sun Jing, came in person, and the little glasses were performing.Behind is a smiley face!
After reading it, Ouyang De put the A4 paper under the document, then nodded, and began to pretend to pick up a pen and circle the plaintiff's complaint issued by the court, as if he was very serious.

"Defendant defends." After the male lawyer with golden glasses finished speaking, the male judge said cleanly.

"Defendant disagrees with plaintiff's claim.

The plaintiff served as the deputy general manager and personnel specialist at the defendant's office, and his duties included supervising and handling the signing of labor contracts by employees, and training employees on labor discipline.

Its failure to sign a labor contract itself is its dereliction of duty, and it is groundless to demand the double wage difference of the failure to sign a labor contract on this ground.

In addition, the plaintiff has resigned from the defendant, and both parties have signed a dismissal agreement, so the defendant does not constitute an illegal termination of the labor relationship.

The defense is over! "The other party spoke for nearly 10 minutes, and Wang Chuan ended his defense with a few words, which made everyone a little uncomfortable.

"The next step is to present evidence and cross-examination. The plaintiff will present evidence on the claims, facts and reasons." The male judge glanced at Wang Chuan and said loudly.

"The first piece of evidence, the plaintiff's bank salary records, proves that the defendant paid the employee nine months' salary, and the two parties are in an employment relationship.

The second piece of evidence, the dismissal agreement, proved that the defendant dismissed the plaintiff without reason, which constituted an illegal termination of the labor contract.

The third piece of evidence, the electronic version of the labor contract sent by the plaintiff in the QQ work group, proves that the plaintiff asked the defendant to sign the labor contract, but the defendant refused to sign the labor contract. The failure to sign the labor contract was caused by the defendant.

The fourth piece of evidence, the clock-in record, proves that the plaintiff has been working overtime since joining the company, but the defendant has never paid overtime wages.

The proof is over! "The male lawyer with gold-rimmed glasses said loudly.

When Wang Chuan heard it, it was still the same set of words. It seems that the plaintiff has nothing new.

"The respondent cross-examined!" said the male judge.

"The authenticity, relevance, and legality of the first piece of evidence are recognized, and the claimant has indeed worked for the respondent for nine months.

The authenticity, relevance, and legality of the second evidence are recognized, but the purpose of the proof is not recognized.The dismissal agreement stated that the plaintiff applied for resignation due to personal reasons, and the defendant did not constitute an illegal termination of the labor contract.

The authenticity, relevance, and legality of the third piece of evidence are recognized, but the purpose of proof is not recognized.The plaintiff sent the labor contract to the QQ group, and asked the defendant to sign the labor contract on the day before the plaintiff left the job, and nine months had passed since the plaintiff joined the job.

The plaintiff’s request to sign the labor contract at this time is obviously unreasonable. It is obvious that the plaintiff wants to create the illusion that the defendant refuses to sign the labor contract, so as to achieve the plaintiff’s illegal purpose of demanding double the salary difference for the unsigned labor contract.

The fourth piece of evidence is not recognized. The check-in record can only prove that the plaintiff left late after work, but it does not prove that the plaintiff continued to provide labor for the company after work. Video or film possible.

Moreover, the defendant has strict regulations on overtime work, and the plaintiff did not submit overtime approval documents, so it should not be counted as overtime work.

Cross-examination is complete! "Wang Chuan said.

"Fengteng Game Company has an overtime system, but it has not been implemented at all. Judge, in the public, the defendant's lawyer is talking nonsense and turning black and white.

Besides, I am a deputy general manager with a monthly salary of more than [-]. As for the covetousness of the company's traffic, do you watch movies or play games in the company without getting off work? "Sun Jing argued anxiously with a pale face.

"Plaintiff, don't get excited. I'll give you a chance to explain later." The male judge said loudly, "The defendant will present evidence!"

"The first piece of evidence is ten weekly reports. These ten weekly reports are the weekly reports submitted by the plaintiff to the general manager of the defendant by email; the weekly reports involve the revision of the new labor contract and the signing of the labor contract by the new recruits, proving that the plaintiff concurrently Personnel work. The above e-mail has been notarized and has a notarization certificate.

The second piece of evidence is the meeting minutes of the defendant company. The main content is to divide the responsibilities of the two vice presidents. It proves that since the personnel commissioner resigned, the plaintiff has also assumed the personnel work and assumed the duties of the personnel commissioner. The meeting minutes bear the signature of the plaintiff;
The third piece of evidence is the lawyer's letter sent to the defendant by the lawyer hired by the plaintiff. The lawyer's letter clearly stated that the applicant was the deputy general manager of the respondent and was in charge of personnel work.Prove that the plaintiff is responsible for the personnel work of the defendant.

The fourth piece of evidence, the resignation application letter of the personnel commissioner and the handover documents, proves that the plaintiff has taken over all the personnel work since the personnel commissioner resigned, and the defendant has never recruited another personnel commissioner.

The fifth piece of evidence, the defendant's employee handbook, proves that the plaintiff is responsible for the personnel work, and the plaintiff is responsible to the general manager.

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

The seventh piece of evidence, the withholding document submitted by the plaintiff requiring the defendant to sign the labor contract, proves that the document was submitted when the plaintiff was about to leave work in the afternoon the day before the plaintiff’s departure. There was no time to sign it.

The eighth piece of evidence, the defendant's employees' overtime management measures, proves that the defendant has clear regulations on employees' overtime work, which cannot be counted as overtime work without approval.Also, add a record of employee overtime requests for the past twelve months.

The proof is over! After Wang Chuan finished speaking, he submitted two additional records of the defendant's employees' overtime application and approval records to the judge.

"The plaintiff cross-examines evidence." The male judge glanced at the supplementary evidence and gave the plaintiff a copy.

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(End of this chapter)