Grassroots lawyers also have spring

Chapter 536

"The respondent provides evidence!" The female arbitrator glanced at the respondent's evidence list and said.

"The first piece of evidence, the applicant's entry registration form, proves that the applicant entered the job in March [-].

The second piece of evidence, the approval document for the suspension of wages, proves that the respondent stopped paying wages to the claimant since May [-].

The third piece of evidence, the record of social security payment, proves that the respondent paid social security for the claimant from March [-] to April [-].

The fourth piece of evidence is the diagnosis certificate of the applicant's application for sick leave, which proves that the applicant applied for a week of sick leave on March [-], [-], and has not submitted a sick leave certificate since then, nor has he asked the respondent for leave.

The proof is over! "Wang Chuan said.

"Applicant, conduct cross-examination!" The female arbitrator raised her eyelids and glanced at Sun Fangyoudao.

"I agree with the evidence submitted by the other party. But I have always had a labor relationship with the other party. The other party has never sent me a notice of resignation or a certificate of resignation. I have always been employed." Sifang big-faced male lawyer and Sun Fang After muttering for a while, Sun Fang said confidently.

"Applicant, let me ask you a question. Since your social insurance was suspended in May [-], haven't you looked for your employer?" asked the female arbitrator.

"No! At that time, I went to other places, and I didn't notice that the social security payment had been suspended." Sun Fangyou said.

"Who has paid your social security since May [-]?" asked the female arbitrator.

"From May [-] to December [-], I did not pay social security, and then I paid social security from January [-]." Sun Fangyou said.

"From May [-] to December [-], did you ask the respondent to resume work?" asked the female arbitrator.

"I've looked for it! The applicant has approached the respondent to ask for resumption of work, but the respondent has delayed it." The square-faced male lawyer hurriedly said.

"When did you find it?" the female arbitrator asked.

"July of [-]." The male lawyer with a square face said casually.

"The claimant, Sun Fangyou, did you find the respondent in July [-]?" The female arbitrator looked at Sun Fangyou.

"Yes!" Sun Fangyou glanced at the square-faced male lawyer, his eyes flustered.

"The exact day I went to find it? What date is it in July? Is there any evidence?" asked the female arbitrator.

"July [-]th, I went there on July [-]th, [-]. There is no proof." Sun Fang said.

Judging from Sun Fangyou's demeanor, he probably didn't expect the female arbitrator to ask such detailed questions, and he should have made up the date "July [-]th".

"Respondent, has the claimant ever approached you to request resumption of work?" asked the female arbitrator.

"No! Since the applicant asked for sick leave in [-], he has never been here again." Wang Chuan said
"I would like to remind the arbitrator that the claimant just said that he visited the respondent on July [-], [-], but July [-], [-] was a Sunday, not a working day.

As an old employee who has worked in the bank for many years, he chooses to go to the bank on Sunday instead of going to the bank on weekdays. It can be seen that the other party's statement is unreasonable.Should not be accepted. As soon as Wang Chuan finished speaking, Zhao Dan immediately added.

After hearing this, the female arbitrator looked at the computer and clicked a few times: "Let me check...July [-], [-] is indeed Sunday. What's going on with the applicant?"

"Ah!...Maybe I misremembered. It should be the tenth or No.11, anyway, it was those few days." Sun Fang was a little flustered.

"Arbitrator, the respondent's agent violated the court regulations and used a mobile phone. Please punish him by the arbitrator." Seeing that Sun Fangyou's forehead was covered with sweat, the square-faced male lawyer hurriedly said loudly.He wanted to use this to suppress the respondent's momentum and ease the applicant's embarrassment.

"Respondent's representative, please turn off your mobile phone, and you are not allowed to use mobile phones during the trial." The female arbitrator looked displeased.

Zhao Dan was embarrassed, and there was a trace of panic in his eyes.She was the one who was checking the calendar on her mobile phone just now.

"Arbitrator, our mobile phone has been flying all the time. Just to confirm the time mentioned by the respondent, we used the calendar on the mobile phone to check it, but there was no audio or video recording. We will pay attention next time." Wang Chuan hurriedly explained.

"Oh! Next time you have any questions, you can tell me directly. Don't use your mobile phone to inquire in private, so as not to cause misunderstanding." The female arbitrator glanced at Wang Chuan and said.

……

"The applicant makes a final statement!" After some questioning and debate, the female arbitrator looked at the applicant and said.

"...In July [-], the claimant approached the respondent to request resumption of work, but the respondent refused to do so. After that, the claimant, as a laborer, did not provide labor to the respondent, nor did the respondent Provide employees with any benefits and wages, but the employer has not officially terminated the labor relationship between the two parties, nor has it performed the procedures for dismissal from work.

The applicant believes that as long as the procedures for terminating the labor relationship have not been completed, the personnel files are still in the unit, and the applicant is still an employee of the respondent, the two parties have a labor relationship.

Therefore, the Arbitration Commission is requested to support the applicant's application.That's it! "Said the square-faced male lawyer.

"The respondent made the final statement." The female arbitrator said.

"...the claimant and the respondent have been in a state of being unable to find each other for a long time. During this period, the two parties did not perform their labor rights and obligations, and the labor relationship was terminated. The two parties should not have any rights and obligations in the labor law. The number of years the applicant has worked with the respondent should not be counted.

In summary, the Arbitration Commission is requested to reject the applicant's application in accordance with the law.That's it! "Wang Chuan said.

After signing the transcript, Wang Chuan and Zhao Dan left the door of the Haidian Labor Arbitration Commission.

"Lawyer Wang, I'm sorry just now. I didn't mean to check my phone!" Zhao Dan was still struggling with checking his phone during the trial.

"It doesn't matter. Anything can happen during the trial. I also made mistakes when I was a trainee lawyer. Don't worry too much about it! It's okay!" Wang Chuan said with a smile.

"Thank you, Lawyer Wang." After hearing Wang Chuan's words, Zhao Dan felt much more at ease.

"I'll take you back. I'll tell you when the verdict comes out." After Wang Chuan finished speaking, he got into the Jetta and drove towards the bank with Zhao Dan.

Returning to the law firm in the afternoon, Wang Chuan began to prepare for the trial of the case of dismissing the sales director of Yifeng Company's Chongqing subsidiary. He will fly to Chongqing tomorrow afternoon, and the court will start at 21:10 am on the 30st of the day after tomorrow.

Some time ago, I was too busy to be idle, and during this period of time, I was so busy that I couldn't help feeling: No wonder people often say that litigation lawyers are cats and dogs for three years, and they are busy when they are free.

(End of this chapter)