Grassroots lawyers also have spring

Chapter 534

Ouyang Qiao still kept his word. Wang Chuan received the news shortly after Wang Chuan submitted the required warehousing documents to the bank, and the warehousing was completed!

Wang Chuan was worried about Gao Jun's 4 yuan in legal fees that had not been paid, so he started to meet with Gao Jun on the second day of training for the bank. Unfortunately, Gao Jun was away on a business trip. But I want to scold my mother.

When Wang Chuan was bored, the Chongqing court called him. The case of Yifeng Company's Chongqing subsidiary dissatisfied with the labor arbitration award will start at 21:10 am on Friday, October 30st.

On this day, after Wang Chuan and Wen Yugang finished communicating with Azi and their investment company, they received a call from Ouyang Qiao as soon as they came out of the investment company.

"Brother, what's the matter?" Wang Chuan asked.

Since the last training for the bank, Ouyang Qiao and Wang Chuan have been called brothers in private, which made Wang Chuan desperately read the postgraduate examination materials these days, as if he would be ashamed to see Ouyang Qiao if he failed to pass the postgraduate entrance examination!
"Junior Brother, is it convenient for you this afternoon? Our bank has a small labor arbitration case, let's talk!" Ouyang Qiao's voice came from the phone.

"Okay! I don't have any arrangements for this afternoon, what time is it suitable to see you?" Wang Chuan said.

"Well... how about two o'clock?" Ouyang Qiao said.

"Okay, I'll be there at two o'clock." The God of Wealth beckoned, and Wang Chuan must be there.

At ten to two in the afternoon, Wang Chuan sat in the bank meeting room on time.

"Mr. Ouyang, what's the situation with the case?" Wang Chuan exchanged a few words, and then got straight to the point.

In addition to Ouyang Qiao, there were two other people in the meeting room. One was a female legal officer, very young, and she looked inexperienced; It looks like a bone spirit.

"Lawyer Wang, this is Manager Qian from the Human Resources Department of our bank. Let her introduce the case to you. This is Zhao Dan from our department. She is a legal specialist and has just joined our legal department this year.

They have a better understanding of the situation, and I won't accompany you if I have a temporary meeting.Let's talk first. After Ouyang Qiao finished speaking, he got up and left the meeting room.

"Lawyer Wang, we were present at the training you and Dean Zhou gave to the firm last time, and I can hear that you are very professional in the labor field.

This time I invite you to come because an employee of our bank sued us and asked to confirm the labor relationship.This is the material given by the Labor Arbitration Commission.You look at it. "Manager Qian said as he handed a document belt to Wang Chuan.

"Lawyer Wang, just watch. Let me give you a general introduction to this employee." Manager Qian said.Zhao Dan on the side is holding a notebook and a pen, ready to take notes at all times.

"Our labor arbitration is an old employee. His surname is Sun and his name is Sun Fangyou. He started working in our bank in [-], earlier than me. He used to be the manager of the credit department. Later, he gave the bank due to work mistakes. At that time, the bank did not pursue his criminal responsibility, but only demoted him to an ordinary employee.

In [-], the second year after he was demoted, he suffered from a herniated disc in March, which was very serious. At the beginning, he took a week of sick leave, and then he never came again. I went to work, and did not submit a leave request again.Then our bank stopped paying him wages.

In May [-], the bank stopped paying social security for him, and it has been there ever since.

In September of this year, he submitted our bank to labor arbitration and asked for confirmation that there was a labor relationship between him and our bank from March [-] to December [-]. " Manager Qian said.

"Have you sent written documents to this employee named Sun Fangyou before in your industry? For example, notice of dismissal or notice of returning to work, please confirm." Wang Chuan said.

"Probably not. I was also the manager of the personnel department who took over later. The old people in the personnel department have basically retired. It has been more than ten years. No one can tell what happened back then. The leaders have changed several times.

I also learned about these situations from the existing materials preserved in the industry. " Manager Qian said.

"Has this Sun Fangyou reached retirement age?" Wang Chuan asked staring at the information in his hand.

"Well, according to the date of birth, he should have reached the retirement age. We called him before and communicated with him. Starting from January [-], he paid the social security by himself. He wants us to give the previous social security to He made up.

But our bank did not agree to make up the payment of social security, so he submitted us to labor arbitration. " Manager Qian said.

"Well, in the case of your bank where employees and banks have been unable to find each other for a long time, in August [-], the Beijing Municipal Bureau of Labor and Social Security and the Beijing Higher People's Court jointly issued the "Application of Laws in Labor Dispute Cases" The Minutes of the Seminar", which contains the way to deal with the relevant situation.

Regarding this situation in current judicial practice, the courts generally hold that: the laborer has not provided labor to the employer for a long time, and the employer has not paid labor remuneration and other related benefits to the laborer for a long time. During the period, both parties do not enjoy and undertake the rights and obligations in the labor law.

That is to say, during this period, the court will generally not determine that there is a labor relationship between the employer and the employee. " Wang Chuan explained.

"Oh, that's right! Has Lawyer Wang ever done a similar case before?" Manager Qian asked.

"In November [-], I did a case that was somewhat similar to your bank's case. At that time, the other party not only requested to confirm the labor relationship, but also to pay living expenses. After a trial and two trials, it was finally rejected by the court. "Wang Chuan said.

"Lawyer Wang, you have so much experience!" Zhao Dan smiled and said, "Our opinion is that we want to entrust this case to lawyers. Our law firm in Curry basically focuses on financial litigation cases. There are few cases. Mr. Ouyang’s opinion is that since your firm is also in our warehouse, we will entrust this case to your firm.”

"Thank you for your trust. I can take this case." Wang Chuan said with a smile.

"I don't know if your office has any standards for lawyer fees." Zhao Dandao asked.

"Our lawyer's fee standard is relatively flexible. Your company's case is not too complicated. Our fee standard of [-] will do."

This was the first case Ouyang Qiao gave, and it was another labor case in the imperial capital. Wang Chuan did not dare to quote too high a price. Wang Chuan felt that the lawyer fee of 6000 yuan was enough.

"Well, okay, I'll report back to President Ouyang, and I may appear in court with you at that time, please give me your advice." Zhao Dan smiled.

"Okay, I'll wait for your bank's letter." After speaking, Wang Chuan thought for a while and said, "I think this case will go to court soon. Will your bank conduct bidding?"

"It shouldn't be necessary. This case is not a financial case, and the bid is relatively low. It can be handled on a special basis." Zhao Dan smiled.

(End of this chapter)