Grassroots lawyers also have spring
Chapter 478 Eat people with short mouths!
Chapter 478 Eat people with short mouths!
"If it is illegally terminated, how much compensation can I get?" Allen said seriously.
"It's not compensation, it's compensation!
According to the provisions of the "Labor Contract Law", illegal termination involves compensation, and the amount is twice the economic compensation.However, your salary is so high that it may have exceeded three times the average salary of the local society. I need to check the official data of Guangdong Province for the specific compensation amount. " Wang Chuan explained.
"I checked it before to prepare for labor arbitration. The average salary you said is [-] yuan." Allen took out a copy from the materials and handed it to Wang Chuan.
"Well, according to this standard, the calculation base of the compensation you claim should not exceed three times the average salary of the society, which is 1 yuan.
You have worked at the Harbor Restaurant for five years, and the total compensation is $1 multiplied by five years and multiplied by two, ... the total is $12. "Wang Chuan said after finishing the calculation on paper with a pen.
"Well, although it's less than I expected, the amount is also very objective." Allen looked at the figures on the paper and said, "Lawyer Wang, if I entrust you to represent me in this case, how much is the lawyer's fee?"
"Your case is in Guangdong Province. I need to go on a business trip. Manager Gao and I are old friends. I can give you a certain discount. At least 8000 yuan will be charged to you, not including travel expenses." Wang Chuan said with a smile.
The golden retriever in front of him used to earn 8000 yuan a month, but now it is not too low. He should be able to accept [-] yuan in legal fees.In case he wants to counter-offer, the minimum price is [-].Wang Chuan thought about it.
"What if the appeal goes to the Intermediate Court? Are all the lawyer's fees you said covered!" Allen asked after thinking about it.
"If the case goes to the Intermediate People's Court, which is what we call the second instance, we will charge separately, and the travel expenses will be borne by you. I can charge the second-instance attorney's fee at 50.00% of the first-instance attorney's fee, which is 9000 yuan." Wang Chuan said.
"Oh, okay. Can I sign the agreement for this prosecution first? If you go to the Intermediate People's Court, I will pay your legal fees later." Allen asked.
"Okay, no problem. But after signing the agreement, you have to pay the legal fees as agreed! I started working after receiving the legal fees.
Let me remind you that there are still five days to go to Guangdong Province to sue, and you need to entrust it as soon as possible. After the deadline, you will lose the right to win the lawsuit. That is to say, even if the court files a case for you, as long as the other party raises the statute of limitations during the trial problem, the court will directly dismiss your lawsuit. "Wang Chuan said seriously.
"Oh, thank you, Lawyer Wang, the lawyer my wife consulted didn't raise this issue before, so I thought I could sue at any time.
OK, do you have the contract?I can sign now and send you money. "Alan hurriedly said. That's more than [-] yuan. If it is rejected, there will be no penny.
Wang Chuan didn't expect the golden retriever in front of him to be so happy, he hurriedly took out a spare entrustment procedure from his bag, and handed it over.
"You fill in the information, take it back to the office in the afternoon and stamp it on you, and I will start working immediately after receiving the lawyer's fee. I will send the entrustment procedures and the indictment and other materials in a day or two, and we will confirm it later. With relevant information, I can go to the Guangdong Provincial Court to file a case." Wang Chuan said.
"Do you need me to book a hotel for you? I'm familiar with that place, and I can book you the most cost-effective hotel." Allen said.
"Okay, this will save me from looking for a hotel again. Please make a copy of the case files for me." Wang Chuan said with a smile.
"Okay, wait a minute, I'll make a copy right away.
After you confirm the address of the court, let me know, and I will book the air ticket and hotel for you.Our hotel has special internal rates. "Alan smiled.
Uh..., this foreigner learns fast enough, it seems that he has taken advantage of the hotel's advantages!
At noon, Allen wanted to treat Wang Chuan to an authentic western food, but Wang Chuan was in a hurry to go back to stamp, so he declined Jin Mao's invitation.
There is nothing to eat before the work is done, and the mouth of others is short!
After returning to the law firm, Wang Chuan found the financial institution and stamped it, and began to check the court information on the public computer, then printed out the relevant information, and prepared two copies of entrustment procedures and put them in his bag.
The whole afternoon, he was busy researching Jin Mao's case, writing the indictment, and preparing evidence.Because the golden retriever is a crooked nut, the entrustment procedures that need to be prepared are somewhat different, and he asked Zheng Yi to confirm the procedures that need to be prepared (lawyer Zheng has handled two cases of foreign contract disputes before and has experience in this area), and then Golden Retriever was notified.
Early the next morning, after Wang Chuan called Jin Mao, he came to the hotel again.Golden Retriever handed over to Wang Chuan the copies of relevant certificates prepared according to Wang Chuan's requirements, and signed the indictment and entrustment procedures.
The golden retriever officer was very straightforward. After signing, he immediately transferred the lawyer's fee to the account of the law firm, and then began to book tickets and hotels for Wang Chuan.
At around five o'clock in the afternoon that day, Wang Chuan arrived at the Capital Airport with his suitcase. This was the second time for Wang Chuan to take a flight at the Capital Airport. The first time was to participate in the training and learning activities of the International Labor Organization a few years ago.
After the plane landed at Baiyun International Airport in the evening, Wang Chuan went out of the airport and took a taxi to the hotel he had booked. Not to mention the fact that the Golden Retriever is very reliable, he booked Wang Chuan a four-star hotel not too far from the court.The environment is not generally good, at least a hundred times better than the house Wang Chuan rented.
In the morning of the next day, when Wang Chuan finished his case and walked out of the gate of the filing division of the court, he felt relaxed, and the case was finally settled.The next task is to wait for the court hearing notice.
The plane back to the imperial capital took off in the afternoon. Wang Chuan ordered the famous local white-cut chicken at a restaurant at noon. Cantonese-style roast suckling pig restaurants also have it, but it is too expensive!He couldn't bear it.
It was already dark in the imperial capital when the plane landed, and Wang Chuan rushed home exhausted by the penultimate subway train.During this business trip, he seemed to remember nothing except for the poached chicken.
At 45:[-] p.m. on August [-], Wang Chuan came to the gate of the Mentougou Court. Fatty Wan had already passed the security check and was waiting for him in the lobby of the court.
In the trial court, the female judge took out the expert opinion and handed it to the plaintiff.
"According to the appraisal opinion, Gao Wanhe's signature on the power of attorney is my signature, and Zhang Xiuying's signature is not my own." The female judge said: "Plaintiff, express cross-examination opinions."
"The plaintiff agrees with the expert opinion. According to the expert opinion, the plaintiff Zhang Xiuying did not know about the sale of the real estate. The real estate transaction between the two defendants violated Zhang Xiuying's rights, and the sales contract should be invalid. Finished!" The male lawyer said.
"Defendant, express cross-examination opinions." The female judge looked at Wang Chuan and Fatty Wan and said.
(End of this chapter)
"If it is illegally terminated, how much compensation can I get?" Allen said seriously.
"It's not compensation, it's compensation!
According to the provisions of the "Labor Contract Law", illegal termination involves compensation, and the amount is twice the economic compensation.However, your salary is so high that it may have exceeded three times the average salary of the local society. I need to check the official data of Guangdong Province for the specific compensation amount. " Wang Chuan explained.
"I checked it before to prepare for labor arbitration. The average salary you said is [-] yuan." Allen took out a copy from the materials and handed it to Wang Chuan.
"Well, according to this standard, the calculation base of the compensation you claim should not exceed three times the average salary of the society, which is 1 yuan.
You have worked at the Harbor Restaurant for five years, and the total compensation is $1 multiplied by five years and multiplied by two, ... the total is $12. "Wang Chuan said after finishing the calculation on paper with a pen.
"Well, although it's less than I expected, the amount is also very objective." Allen looked at the figures on the paper and said, "Lawyer Wang, if I entrust you to represent me in this case, how much is the lawyer's fee?"
"Your case is in Guangdong Province. I need to go on a business trip. Manager Gao and I are old friends. I can give you a certain discount. At least 8000 yuan will be charged to you, not including travel expenses." Wang Chuan said with a smile.
The golden retriever in front of him used to earn 8000 yuan a month, but now it is not too low. He should be able to accept [-] yuan in legal fees.In case he wants to counter-offer, the minimum price is [-].Wang Chuan thought about it.
"What if the appeal goes to the Intermediate Court? Are all the lawyer's fees you said covered!" Allen asked after thinking about it.
"If the case goes to the Intermediate People's Court, which is what we call the second instance, we will charge separately, and the travel expenses will be borne by you. I can charge the second-instance attorney's fee at 50.00% of the first-instance attorney's fee, which is 9000 yuan." Wang Chuan said.
"Oh, okay. Can I sign the agreement for this prosecution first? If you go to the Intermediate People's Court, I will pay your legal fees later." Allen asked.
"Okay, no problem. But after signing the agreement, you have to pay the legal fees as agreed! I started working after receiving the legal fees.
Let me remind you that there are still five days to go to Guangdong Province to sue, and you need to entrust it as soon as possible. After the deadline, you will lose the right to win the lawsuit. That is to say, even if the court files a case for you, as long as the other party raises the statute of limitations during the trial problem, the court will directly dismiss your lawsuit. "Wang Chuan said seriously.
"Oh, thank you, Lawyer Wang, the lawyer my wife consulted didn't raise this issue before, so I thought I could sue at any time.
OK, do you have the contract?I can sign now and send you money. "Alan hurriedly said. That's more than [-] yuan. If it is rejected, there will be no penny.
Wang Chuan didn't expect the golden retriever in front of him to be so happy, he hurriedly took out a spare entrustment procedure from his bag, and handed it over.
"You fill in the information, take it back to the office in the afternoon and stamp it on you, and I will start working immediately after receiving the lawyer's fee. I will send the entrustment procedures and the indictment and other materials in a day or two, and we will confirm it later. With relevant information, I can go to the Guangdong Provincial Court to file a case." Wang Chuan said.
"Do you need me to book a hotel for you? I'm familiar with that place, and I can book you the most cost-effective hotel." Allen said.
"Okay, this will save me from looking for a hotel again. Please make a copy of the case files for me." Wang Chuan said with a smile.
"Okay, wait a minute, I'll make a copy right away.
After you confirm the address of the court, let me know, and I will book the air ticket and hotel for you.Our hotel has special internal rates. "Alan smiled.
Uh..., this foreigner learns fast enough, it seems that he has taken advantage of the hotel's advantages!
At noon, Allen wanted to treat Wang Chuan to an authentic western food, but Wang Chuan was in a hurry to go back to stamp, so he declined Jin Mao's invitation.
There is nothing to eat before the work is done, and the mouth of others is short!
After returning to the law firm, Wang Chuan found the financial institution and stamped it, and began to check the court information on the public computer, then printed out the relevant information, and prepared two copies of entrustment procedures and put them in his bag.
The whole afternoon, he was busy researching Jin Mao's case, writing the indictment, and preparing evidence.Because the golden retriever is a crooked nut, the entrustment procedures that need to be prepared are somewhat different, and he asked Zheng Yi to confirm the procedures that need to be prepared (lawyer Zheng has handled two cases of foreign contract disputes before and has experience in this area), and then Golden Retriever was notified.
Early the next morning, after Wang Chuan called Jin Mao, he came to the hotel again.Golden Retriever handed over to Wang Chuan the copies of relevant certificates prepared according to Wang Chuan's requirements, and signed the indictment and entrustment procedures.
The golden retriever officer was very straightforward. After signing, he immediately transferred the lawyer's fee to the account of the law firm, and then began to book tickets and hotels for Wang Chuan.
At around five o'clock in the afternoon that day, Wang Chuan arrived at the Capital Airport with his suitcase. This was the second time for Wang Chuan to take a flight at the Capital Airport. The first time was to participate in the training and learning activities of the International Labor Organization a few years ago.
After the plane landed at Baiyun International Airport in the evening, Wang Chuan went out of the airport and took a taxi to the hotel he had booked. Not to mention the fact that the Golden Retriever is very reliable, he booked Wang Chuan a four-star hotel not too far from the court.The environment is not generally good, at least a hundred times better than the house Wang Chuan rented.
In the morning of the next day, when Wang Chuan finished his case and walked out of the gate of the filing division of the court, he felt relaxed, and the case was finally settled.The next task is to wait for the court hearing notice.
The plane back to the imperial capital took off in the afternoon. Wang Chuan ordered the famous local white-cut chicken at a restaurant at noon. Cantonese-style roast suckling pig restaurants also have it, but it is too expensive!He couldn't bear it.
It was already dark in the imperial capital when the plane landed, and Wang Chuan rushed home exhausted by the penultimate subway train.During this business trip, he seemed to remember nothing except for the poached chicken.
At 45:[-] p.m. on August [-], Wang Chuan came to the gate of the Mentougou Court. Fatty Wan had already passed the security check and was waiting for him in the lobby of the court.
In the trial court, the female judge took out the expert opinion and handed it to the plaintiff.
"According to the appraisal opinion, Gao Wanhe's signature on the power of attorney is my signature, and Zhang Xiuying's signature is not my own." The female judge said: "Plaintiff, express cross-examination opinions."
"The plaintiff agrees with the expert opinion. According to the expert opinion, the plaintiff Zhang Xiuying did not know about the sale of the real estate. The real estate transaction between the two defendants violated Zhang Xiuying's rights, and the sales contract should be invalid. Finished!" The male lawyer said.
"Defendant, express cross-examination opinions." The female judge looked at Wang Chuan and Fatty Wan and said.
(End of this chapter)
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