Grassroots lawyers also have spring
Chapter 565 Doesn't matter?
Chapter 565 Doesn't matter?
"No, there is only one cooperation agreement. What they said at the time was very nice. I saw their company was quite big, so I didn't think much about it. Who knew they were like this!" Hong Gong regretted.
"I personally think that from the point of view of the contract agreement and the other party's salary payment, you and the other party should belong to a labor relationship, and you should file a lawsuit in the court on the grounds of labor disputes and ask the other party to pay compensation." Wang Chuan has read the cooperation agreement and bank statement Afterwards.
"Then what do you think my chances of winning this case are?" Hong Gong said.
"I think you still have a certain chance, but the specific chance of winning... I can only say fifty to fifty. The main reason is that you and the other party have not signed a labor contract, and the cooperation agreement is not very clear, but from the cooperation agreement From the point of view of the agreement, there is a high probability that the relationship between you will be recognized as a labor relationship.
If the court finds that the relationship between you is a labor relationship, then the case will be easy to handle. It is nothing more than a matter of how much compensation the other party should pay. "Wang Chuan said.
Adhering to the consistent style of work, Wang Chuan must minimize the customer's expectations, so that he can do the following work.
His approach is a bit similar to when a patient goes to the hospital for cecum surgery. The doctor holds a list full of various major risks and informs the family members of the various risks that may be encountered during the operation.
In fact, the risks that may be encountered during the operation are the same as the risks that lawyers may encounter during the trial process. They are all unknown and uncertain, so from a prudent point of view, there is nothing wrong with doing so.
"Hong Gong, I think it's better to let professional people handle professional matters. You are a master at software development, but you should leave it to Lawyer Wang to handle litigation. You don't have to worry about legal fees, I will Come out." Gao Jun said.
"I don't feel sorry for the money... Lawyer Wang, have you ever done this kind of case? I don't doubt your professional ability. After all, we are meeting for the first time. Please forgive me!" Hong Gong said very politely, but in fact it was mainly him I think Wang Chuan is younger.
"Hong Gong, although Lawyer Wang is young, he has done a lot of cases in the labor field, and his main focus is labor cases," Gao Jun said.
"Hong Gong, this is my business card with our firm's website on it. You can take a look at my successful cases. What I say is deceptive. Only cases are real things." Wang Chuan smiled road.
"However, your case should be started as soon as possible, and the case must be filed before today, Sunday, and Wednesday, otherwise the statute of limitations will expire. You can see that the notice of non-filing of the labor arbitration requires you to file a lawsuit with the Haidian Court within [-] days." Wang Chuan Handed the notice of not filing the case to Hong Gong.
"Okay, I'll think about it." Hong Gong said.
"Hong Gong, look, this is the profile of Lawyer Wang, with his classic cases on it."
Gao Jun opened the official website of Yuanfang Law Firm while Wang Chuan and Wang Chuan were talking, and put the laptop in front of Hong Gong.The reason why Wang Chuan's practice information can be retrieved so quickly is because Gao Jun has followed Wang Chuan a long time ago and checked his relevant information on the Internet.
After Honggong read Wang Chuan's introduction, he immediately realized that the lawyer in front of him was unusual. He had been dealing with labor cases since the beginning of his practice. The International Labor Organization has studied and exchanged.It seems that people really can't be judged by appearances, young age doesn't necessarily mean inexperienced.
"Lawyer Wang, I'm sorry! I don't know much about your industry. How much should I pay for my case?" Hong Gong said with bright eyes.
"The amount of compensation for the other party in your case should not be too much, and the compensation is only more than 2 points, plus the wages in arrears... How about this? Brother Gao and I are friends. I will charge 6000 yuan as a lawyer's fee for your case. What do you think?" Wang Chuan said.
"Lawyer Wang, how much can the other party accompany me in total? A lawyer said before that he could compensate me for a hundred thousand yuan!" Hong Gong asked puzzled.
"It's possible that the other party is fooling you! It's also possible that the other party has miscalculated.
You signed a cooperation agreement in February last year, and you have worked for about [-] months. According to the "Labor Contract Law", if it constitutes an illegal termination, the other party will pay you twice the economic compensation.
According to your bank statement, your salary is sometimes high and sometimes low. The average salary in the twelve months before leaving the job should be less than 1 yuan.After working for one year and one month, compensation should be paid in three months.The maximum is no more than 3 yuan, plus the salary arrears to you, I estimate that the total will not exceed 6 yuan.Of course, we have to calculate the specific figures. "Wang Chuan said.
"Last time I heard from a lawyer that he could ask for double the salary of the unsigned labor contract. It's about a hundred thousand." Hong Gong asked doubtfully.
"I don't think the matter of not signing a labor contract is untenable. If many of the contents agreed in the cooperation agreement are necessary clauses of the labor contract, and we have to use the cooperation agreement to talk about things, we believe that the labor relationship depends largely on cooperation. Agreement, so from my experience, it is unlikely that the double wage difference without a labor contract will be upheld by the court.
But if you want the money, I can add it to you, but I don't think there's much hope.Maybe you're lucky and the court will award the money to you. "Wang Chuan smiled.
There is no way to do things, and it is useless to be exhausted. Since the client wants the money, just write it in the complaint, and just make it clear in advance.
"Then your lawyer's fee?" Hong Gong asked.
"The lawyer's fee is still [-]. Let me remind you that although the double salary difference without signing the labor contract is a lot of money, it may not be supported!" Wang Chuan reminded again.
"Okay, I understand, it's better to have it, and it doesn't matter if I don't have it." Hong Gong said.
Doesn't matter?It really doesn't matter, don't say that!Wang Chuan sneered in his heart.This kind of thing must be recorded, and in case the double salary difference cannot be won, there should be an excuse.
"I didn't bring the agency contract with me today. Hong Gong, if it's convenient for you, please come to our office tomorrow Monday to sign the contract and make a record!" Wang Chuan said.
"Okay, I'll go to see you tomorrow." After Hong Gong finished speaking, he saw that the sky outside was getting dark, and he looked at his watch. It was past six o'clock: "Lawyer Wang, Mr. Gao, I'll treat you tonight..."
"How can you treat me? Of course I want to treat you when you come to our company today. Let's go! I have already reserved a table just now." Gao Jun was very happy when he saw that Hong Gong and Wang Chuan had discussed the entrustment.
Early on Monday morning, Hong Gong brought the materials to Yuanfang Law Firm and signed the entrustment procedures with Wang Chuan.After sending Hong Gong away, Wang Chuan began to study the case materials and draft the indictment.Before leaving get off work, Wang Chuan sent the indictment to Gong Gong's e-mail.
Early the next morning, he went to Gaojun Company to find Hong Gong. After the latter signed the indictment, he went to the Haidian Court to complete the filing.
(End of this chapter)
"No, there is only one cooperation agreement. What they said at the time was very nice. I saw their company was quite big, so I didn't think much about it. Who knew they were like this!" Hong Gong regretted.
"I personally think that from the point of view of the contract agreement and the other party's salary payment, you and the other party should belong to a labor relationship, and you should file a lawsuit in the court on the grounds of labor disputes and ask the other party to pay compensation." Wang Chuan has read the cooperation agreement and bank statement Afterwards.
"Then what do you think my chances of winning this case are?" Hong Gong said.
"I think you still have a certain chance, but the specific chance of winning... I can only say fifty to fifty. The main reason is that you and the other party have not signed a labor contract, and the cooperation agreement is not very clear, but from the cooperation agreement From the point of view of the agreement, there is a high probability that the relationship between you will be recognized as a labor relationship.
If the court finds that the relationship between you is a labor relationship, then the case will be easy to handle. It is nothing more than a matter of how much compensation the other party should pay. "Wang Chuan said.
Adhering to the consistent style of work, Wang Chuan must minimize the customer's expectations, so that he can do the following work.
His approach is a bit similar to when a patient goes to the hospital for cecum surgery. The doctor holds a list full of various major risks and informs the family members of the various risks that may be encountered during the operation.
In fact, the risks that may be encountered during the operation are the same as the risks that lawyers may encounter during the trial process. They are all unknown and uncertain, so from a prudent point of view, there is nothing wrong with doing so.
"Hong Gong, I think it's better to let professional people handle professional matters. You are a master at software development, but you should leave it to Lawyer Wang to handle litigation. You don't have to worry about legal fees, I will Come out." Gao Jun said.
"I don't feel sorry for the money... Lawyer Wang, have you ever done this kind of case? I don't doubt your professional ability. After all, we are meeting for the first time. Please forgive me!" Hong Gong said very politely, but in fact it was mainly him I think Wang Chuan is younger.
"Hong Gong, although Lawyer Wang is young, he has done a lot of cases in the labor field, and his main focus is labor cases," Gao Jun said.
"Hong Gong, this is my business card with our firm's website on it. You can take a look at my successful cases. What I say is deceptive. Only cases are real things." Wang Chuan smiled road.
"However, your case should be started as soon as possible, and the case must be filed before today, Sunday, and Wednesday, otherwise the statute of limitations will expire. You can see that the notice of non-filing of the labor arbitration requires you to file a lawsuit with the Haidian Court within [-] days." Wang Chuan Handed the notice of not filing the case to Hong Gong.
"Okay, I'll think about it." Hong Gong said.
"Hong Gong, look, this is the profile of Lawyer Wang, with his classic cases on it."
Gao Jun opened the official website of Yuanfang Law Firm while Wang Chuan and Wang Chuan were talking, and put the laptop in front of Hong Gong.The reason why Wang Chuan's practice information can be retrieved so quickly is because Gao Jun has followed Wang Chuan a long time ago and checked his relevant information on the Internet.
After Honggong read Wang Chuan's introduction, he immediately realized that the lawyer in front of him was unusual. He had been dealing with labor cases since the beginning of his practice. The International Labor Organization has studied and exchanged.It seems that people really can't be judged by appearances, young age doesn't necessarily mean inexperienced.
"Lawyer Wang, I'm sorry! I don't know much about your industry. How much should I pay for my case?" Hong Gong said with bright eyes.
"The amount of compensation for the other party in your case should not be too much, and the compensation is only more than 2 points, plus the wages in arrears... How about this? Brother Gao and I are friends. I will charge 6000 yuan as a lawyer's fee for your case. What do you think?" Wang Chuan said.
"Lawyer Wang, how much can the other party accompany me in total? A lawyer said before that he could compensate me for a hundred thousand yuan!" Hong Gong asked puzzled.
"It's possible that the other party is fooling you! It's also possible that the other party has miscalculated.
You signed a cooperation agreement in February last year, and you have worked for about [-] months. According to the "Labor Contract Law", if it constitutes an illegal termination, the other party will pay you twice the economic compensation.
According to your bank statement, your salary is sometimes high and sometimes low. The average salary in the twelve months before leaving the job should be less than 1 yuan.After working for one year and one month, compensation should be paid in three months.The maximum is no more than 3 yuan, plus the salary arrears to you, I estimate that the total will not exceed 6 yuan.Of course, we have to calculate the specific figures. "Wang Chuan said.
"Last time I heard from a lawyer that he could ask for double the salary of the unsigned labor contract. It's about a hundred thousand." Hong Gong asked doubtfully.
"I don't think the matter of not signing a labor contract is untenable. If many of the contents agreed in the cooperation agreement are necessary clauses of the labor contract, and we have to use the cooperation agreement to talk about things, we believe that the labor relationship depends largely on cooperation. Agreement, so from my experience, it is unlikely that the double wage difference without a labor contract will be upheld by the court.
But if you want the money, I can add it to you, but I don't think there's much hope.Maybe you're lucky and the court will award the money to you. "Wang Chuan smiled.
There is no way to do things, and it is useless to be exhausted. Since the client wants the money, just write it in the complaint, and just make it clear in advance.
"Then your lawyer's fee?" Hong Gong asked.
"The lawyer's fee is still [-]. Let me remind you that although the double salary difference without signing the labor contract is a lot of money, it may not be supported!" Wang Chuan reminded again.
"Okay, I understand, it's better to have it, and it doesn't matter if I don't have it." Hong Gong said.
Doesn't matter?It really doesn't matter, don't say that!Wang Chuan sneered in his heart.This kind of thing must be recorded, and in case the double salary difference cannot be won, there should be an excuse.
"I didn't bring the agency contract with me today. Hong Gong, if it's convenient for you, please come to our office tomorrow Monday to sign the contract and make a record!" Wang Chuan said.
"Okay, I'll go to see you tomorrow." After Hong Gong finished speaking, he saw that the sky outside was getting dark, and he looked at his watch. It was past six o'clock: "Lawyer Wang, Mr. Gao, I'll treat you tonight..."
"How can you treat me? Of course I want to treat you when you come to our company today. Let's go! I have already reserved a table just now." Gao Jun was very happy when he saw that Hong Gong and Wang Chuan had discussed the entrustment.
Early on Monday morning, Hong Gong brought the materials to Yuanfang Law Firm and signed the entrustment procedures with Wang Chuan.After sending Hong Gong away, Wang Chuan began to study the case materials and draft the indictment.Before leaving get off work, Wang Chuan sent the indictment to Gong Gong's e-mail.
Early the next morning, he went to Gaojun Company to find Hong Gong. After the latter signed the indictment, he went to the Haidian Court to complete the filing.
(End of this chapter)
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