Grassroots lawyers also have spring

Chapter 476 It's a bit unfair!
"Yes, that's what it means. You can understand it as soon as you hear it. You must be an expert.

I asked a few lawyers before, but they may not be familiar with the labor law, and I didn't understand it after talking for a long time.Some lawyers simply asked me to directly apply for labor arbitration and let the arbitration committee decide. "Old He said.

"Your question is related to the social average salary standard of the last year (that is, [-]) in the imperial capital.

According to the provisions of Article 40, Paragraph [-] of No.[-] of the "Labor Contract Law", economic compensation is paid to the laborer based on the number of years the laborer has worked in the unit, and the standard of one month's salary for each full year.If it is more than six months but less than one year, it shall be calculated as one year; if it is less than six months, economic compensation of half a month's wages shall be paid to the laborer.

Judging from this regulation, it is correct for the company to give you financial compensation for ten months, which does not violate the law.

According to Article No.40 of the "Labor Legal Law", this situation of your company can be interpreted as a major change in the objective circumstances on which the labor contract was concluded.In case of failure to reach an agreement, the company should pay you N+1, or notify you one month in advance to terminate the labor contract and pay you N.Therefore, the company's compensation for you for an extra three months is also in line with the law. " Wang Chuan explained.

"Well, I agree with what you said. What about the calculation base of economic compensation?" Lao He asked.

"According to the second paragraph of Article 40 of No. 12 of the "Labor Contract Law", if the monthly salary of the employee is three times higher than the average monthly salary of the employees in the area announced by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the The standard of payment of economic compensation shall be three times the average monthly salary of employees, and the maximum number of years of payment of economic compensation shall not exceed [-] years.

Moreover, the monthly salary mentioned in this article refers to the average salary of the laborer in the twelve months before the labor contract is terminated or terminated.

That is to say, for the economic compensation that high-income company executives like you should receive, the "Labor Contract Law" imposes double restrictions. One is to limit the base of economic compensation (three times the average monthly salary of employees in the previous year), and the other is is to limit the number of years of economic compensation (up to 12 years).

In the previous year, that is, in 37, the average monthly salary of employees in the imperial capital was 110 yuan, three times that is 12 yuan.Multiplied by ten months, the total is 110 yuan.That's the number. "Wang Chuan said while calculating with a pen on a piece of A4 paper on the coffee table, and pushed the paper to Lao He after the calculation.

"Oh, that is to say, according to the law, regardless of whether I have worked for 20 or 30 years, employees with my salary level can only get [-] months of economic compensation at most, and they cannot be paid according to the actual working years like grassroots employees Calculate the compensation with the average monthly salary of the twelve months before resignation, right?" Old He looked straight at Wang Chuandao, with a hint of suspicion in his eyes.

"Well, that's what it means. This is a copy of the "Labor Contract Law" that I printed out earlier. You can refer to the calculation standard." Wang Chuan took out a few A4 sheets of paper from his bag as he spoke.There are printed terms of the "Labor Contract Law" on it.

Wang Chuan knew that for such high-level intellectuals, the best method of persuasion was to take out the legal articles and let him read them by himself.

"Isn't the "Labor Contract Law" so regulated a bit unfair!" Lao He picked up the A4 paper, looked at it, and suddenly said something.

Uh... Wang Chuan is a little speechless, it is stipulated in the law!I can't help it either.

There is no such thing as fairness in the world. Some people can enjoy the educational resources of the imperial capital from birth, and can go to Dabei and Huaqing. That's fair?

Laws are also made by people, and it is not easy to be relatively fair!
"Old He! You have to think about it this way. If you are a business owner, you pay your executives [-] to [-] yuan a month, and then you have to pay [-] to [-] to [-] yuan in financial compensation after resigning. It is fair to you. But the company, if three or four executives leave at the same time, I am afraid the company will go bankrupt.

Severance compensation is not a means of getting rich. To put it bluntly, it is just a chance for the state to give you temporarily unemployed people a chance to buffer, so as not to cut off your source of livelihood all at once.

If you ask me, an executive like you should not give money. Once one side leaves the job, the other side directly joins the job, seamless connection, and compensation for you is a waste! "Shen Datou laughed and joked.

"What I said, it seems that I am sorry for the company. I am convinced! Lawyer Wang made it clear, and I understand it. Let's just do it, and I don't have to worry about it!" Old He smiled helplessly road.

"It's not enough to just understand it, you are treating me tonight." Shen Datou said.

"No problem, I will treat you tonight. Don't rush to pay the bill! By the way, Lawyer Wang, how do you charge after consulting for a long time?" Lao He asked.

"Mr. He, no need! Shen and I are always friends. If you need it in the future, feel free to call me." Wang Chuan said with a smile.

"Okay! I'll only be honored by Mr. Shen once, and I'll be the host in the evening, entertaining the two of you." Old He Dabao said.

In the evening, Lao He drove and took Wang Chuan and Shen Datou to Master Bayi. They had a meal for nearly two hours, and everyone chatted happily.

In the early morning, Wang Chuan stared at the computer, hoping to obtain the source of the case by answering public questions on the legal website, but more than half a month passed, and except for a few casual consultations, he was basically alone all the time, and he panicked again!
Seeing that it was already August and there were no cases to deal with, Wang Chuan felt inexplicably irritated.One afternoon in early August, Fatty Wan called.

"Chuan'er, your case is confirmed, and the appraisal result is out! The court notified that the court will be held at [-] pm on Wednesday, August [-]th, and you are ready to go." Fatty Wan said.

"Okay, I finally have a letter." Wang Chuan heard the noisy voice on the other end of the phone, and Fatty Wan seemed to be on the side of the road.

He had a brief chat with Fatty Wan before hanging up the phone.As a result, just after hanging up the phone, the Nokia phone rang again, it was an unfamiliar phone number.

"Hello. Who are you?" Wang Chuan asked in a cold voice.

Recently, there are no cases to deal with. He often receives promotional advertisements from education and training institutions, some real estate, and insurance companies, and he takes the trouble.

What's even more exasperating is that there are still some advertisements for early childhood education. Wang Chuan became angry when he heard it. He was almost thirty and didn't even have a daughter-in-law. Where would there be children? !He even wondered if the other party was a babysitter that his parents were looking for, urging him to quickly find a wife and have a baby!

"Hello, Lawyer Wang, my surname is Gao. Your law firm used to be the legal consultant of our hotel. An employee who stole yogurt was fired by us. You represented our hotel to respond to the lawsuit. Do you remember?" A man's voice Passed out.

(End of this chapter)