Grassroots lawyers also have spring

Chapter 487 Sadness
"The defendant expresses his defense." The handsome female judge said.

"The defendant does not agree with the plaintiff's claim. The defendant terminated his labor relationship with the plaintiff in accordance with the labor contract. The defendant's behavior does not constitute an illegal termination." On the dock was a well-dressed woman in her 30s. Said.

When the clerk verified the identities of both parties just now, Wang Chuan learned that she was the legal specialist of the defendant company.

"Plaintiff and defendant, can you mediate?" the handsome female judge said routinely.

"As long as the other party agrees to pay, we agree to mediate." Wang Chuan said.

"The defendant does not agree to mediation." The female legal commissioner said.

"Since the two parties cannot reach an agreement, the trial will continue and the plaintiff will present evidence!" said the handsome female judge.

"The first piece of evidence, the labor contract, proves that there is a labor relationship between the plaintiff and the defendant.

The second piece of evidence, the work permit for foreigners, proves that the plaintiff has the right to work in the country and is a laborer protected by law.

The third piece of evidence, the labor contract termination notice, proves that the plaintiff was not at fault and the defendant illegally terminated the labor relationship.

The fourth piece of evidence, the [-] Social Average Wage Standard issued by the Labor Department of Guangdong Province, proves the basis for calculating the amount of compensation claimed by the plaintiff.

The proof is over! "Wang Chuan finished speaking and looked at the judge.

"Defendant, cross-examine!" said the handsome female judge.

"The first piece of evidence is authenticity, legitimacy, and recognition of relevance.

The second piece of evidence is authenticity, legitimacy, and recognition of relevance.

The third piece of evidence is authentic, legal, and relevant, but the purpose of the proof is not. The defendant terminated the labor contract according to the agreement of both parties, and there is no illegal termination.

The fourth piece of evidence is authenticity and legality recognition, but this evidence has nothing to do with this case.

Cross-examination is complete. " said the female legal commissioner.

"The defendant presents evidence." The handsome female judge said expressionlessly.

"The first piece of evidence, the labor contract, proves that the two parties have agreed in advance, and the plaintiff also agrees that the labor relationship between the two parties can be terminated at any time according to the contract, which is the result of negotiation between the two parties.

The second piece of evidence, witness testimony, proved that the plaintiff suffered from onychomycosis and was not suitable to be a western kitchen consultant, so the defendant terminated the employment relationship.

The proof is over! " said the female legal officer.

"The plaintiff cross-examines evidence." The handsome female judge said mechanically.

"The first piece of evidence is authenticity, legality, and relevance, but the purpose of the proof is not. This clause is not the result of negotiation between the two parties at all. The standard labor contract clause set by the defendant by taking advantage of its dominant position deprives the plaintiff of its rights. is an invalid term.

The second evidence, authenticity, legitimacy and relevance are not recognized.The notice of termination of labor relationship issued by the defendant was not based on the contents of the witness's testimony at all.

This piece of evidence belongs to the testimony of witnesses. It is only based on a piece of paper, and no witnesses appeared in court to testify. It has no probative effect and should not be accepted.In addition, the plaintiff believes that this piece of evidence is irrelevant to the case.

Cross-examination is complete! "Wang Chuan said.

"Defendant, have you notified the trade union of the termination of the labor relationship with the plaintiff?" asked the handsome female judge.

"Our company doesn't have a union," said the female legal officer.

"The second piece of evidence you submitted is the testimony of witnesses, and witnesses are required to appear in court for questioning. Can witnesses appear in court?" the handsome female judge then asked.

"It can be arranged to appear in court. But he has been on a business trip recently and is not in the company." The female legal officer said.

"Defendant, the witness testimony you submitted didn't say that the plaintiff suffered from onychomycosis! The language is very vague. Do you have relevant diagnosis certificates issued by the hospital?" asked the handsome female judge.

"No!" The female legal officer said with uncertain eyes: "But before we terminated the labor relationship between the two parties, we negotiated with the plaintiff. He agreed."

"Do you have evidence that the plaintiff agreed to terminate the labor relationship?" The handsome female judge looked at the female legal commissioner.

"It was all spoken orally at the time, and there was no relevant evidence. But the plaintiff did agree, otherwise we would not terminate the labor relationship between the two parties according to the labor contract." The female legal officer argued.

The handsome female judge glanced at the defendant and ignored her: "Okay, now both parties will present their arguments."

……

The trial lasted for more than two hours. In Wang Chuan's view, the whole process went smoothly.After the trial, Wang Chuan left the court and sent a message to Allen, telling him that the trial went well.

As soon as Wang Chuan returned to the hotel, Allen called, asked about the trial situation, and expressed his gratitude to Wang Chuan.

Wang Chuan didn't have time to appreciate the beautiful scenery of Guangdong Province. After making a phone call and eating lunch hastily, he began to pack his clothes, checked out and rushed to the airport.He was going to take the afternoon flight back to the imperial capital.

In the airport terminal, Wang Chuan received a call from the Fengtai Court. The case of Manager Gao's son suing for New Year's money will start at nine o'clock in the morning on October 22.

When Wang Chuan returned home at night, it was past eleven o'clock, and he fell asleep, and a busy day passed like this.

The next day, Wang Chuan had nothing to do with Wan Fatty and made an appointment at the law firm in the afternoon, planning to sort out the appeal materials of his real estate sales contract dispute case and prepare for the trial.

"I think these materials are enough. We advocate obtaining them in good faith. There shouldn't be any problem. Didn't the first-instance judge say it before, let you appeal.

We can't say exactly why you lost the case in the first trial, but I think the judge must have something to hide, so I suggest you appeal.Don't put too much pressure on your heart. In the small conference room, Fatty Wan looked at Wang Chuan and said.

"Well, I also think this is a bit strange." Wang Chuan agreed with Fatty Wan's statement very much. After a moment of silence, he asked, "By the way, have you talked to Lawyer Mu? About the transfer."

"Not yet, I invited him to dinner tonight, just to talk about it. You can come too!" After finishing speaking, Fatty Wan looked at his watch and said, "He'll be there in a while."

"Okay, anyway, sooner or later we have to talk, so let's talk together. I think Mu Lu can understand us." Wang Chuan said.

At five o'clock in the afternoon, in the restaurant not far downstairs from the law firm, the waiters served the dishes one after another. Lawyer Mu looked at Wang Chuan and Fatty Wan who were opposite.

"Is there something wrong with inviting me to dinner today?" Mu Huaijin laughed.

"Hey, that's what you said. I can't treat you to a meal if I have nothing to do!" Fatty Wan said and poured Mu Huaijin a cup of barley tea. Lawyer Mu was inconvenient to drink while driving.

"Okay! If you have anything to say, just say it. Although I am often not in the law firm, I still know some things. I am responsible for the way our firm is now. No matter what you think, I will support you." Mu There was a trace of sadness in Huaijin's tone.

(End of this chapter)