Grassroots lawyers also have spring
Chapter 572 Good News
Chapter 572 Good News
After eating, Sister Hong asked people to cut and pack the remaining untouched mutton and put it in Wang Chuan's trunk.According to her, this is called CD-ROM operation. Everyone here has a family and a family. Someone cooks when they go home. He and Wu Hongyan go home with cold pots and stoves. No one cooks. Bring some mutton back. You can eat it in one go.
Having said that, as for whether Wang Chuan and Wu Hongyan ate together or shared it, that was out of Sister Hong's business.
Wu Hongyan's face was a little unnatural, and Wang Chuan took it carelessly.Wang Chuan opened up the knot in his heart. He felt very comfortable with Wu Hongyan, and she was not disgusted with him. This outing brought subtle changes to the relationship between the two of them.
After Wang Chuan drove past the sluice gate of Sanjiadian, he suddenly received a call from Fatty Wan.
"Chuan'er, let's get together tomorrow night, are you free?" Fatty Wan's voice came from the phone.
"Okay! Where are you going to get together? Who are you?" Wang Chuan said while driving.
"Only a few people in our office, you, me, Sister Wang and Zheng Yi, Xiao Hao has returned to his hometown, and is not in the imperial capital. Come to my house at six o'clock tomorrow night, and have a comfortable meal at home." Fatty Wan said.
"Okay, see you tomorrow night." Wang Chuan said, and then hung up the phone.
Wang Chuan sent Wu Hongyan home first, and wanted to have dinner together, but he didn't eat until after two o'clock in the afternoon, and now his stomach was still full, and Wu Hongyan couldn't eat at all.
In the end, Wang Chuan took out all the mutton in the trunk and prepared to take it upstairs for her, but Wu Hongyan refused.
"You stay, I can't eat so much." Wu Hongyan said.
"I can't eat so much. How about you keep some of it." Wang Chuan said.
In the end, Wu Hongyan only took two boxes and went upstairs.Before leaving, she smiled back at him and said thank you!Seeing this scene, Wang Chuan's heart fluttered, and a strange feeling rose up.
In the afternoon of the next day, Wang Chuan went to Fatty Wan's house. Zheng Yi, Sister Wang and him entered the door one after another.Wang Chuan went to help the cook, and got good news from Fatty Wan's wife. The small courtyard he bought has been included in the scope of demolition, and the demolition policy will come down soon.
One day in mid-May, Hong Gong's labor dispute case started at nine o'clock in the morning, and Wang Chuan arrived at the Haidian court early.
The judge who heard Hong Gong's case was a male judge wearing glasses, in his 40s, with a serious face.
The defendant Myriad World did not hire a lawyer, and a female legal officer in her 20s from their company participated in the trial.
"Plaintiff, state the claims, facts and reasons." The male judge raised his eyelids and glanced at Wang Chuan, before looking at the case file on the table.
"Claims:
[-]. To confirm that the plaintiff and the defendant had labor relations from February [-], [-] to March [-], [-];
860. Request the defendant to pay the plaintiff [-] yuan in wages from January [-], [-] to March [-], [-];
[-]. Requesting that the defendant be ordered to pay the plaintiff the difference of two times the wages between March [-], [-] and February [-], [-] without signing a labor contract; [-] yuan;
780. Request to order the defendant to pay [-] yuan in compensation for the plaintiff's illegal termination of the labor relationship. After Wang Chuan finished speaking, he paused.
Wang Chuan once reminded Hong Gong about the double difference of the unsigned labor contract that the money might not be supported, but Hong Gong thought it was a lot of money, more than [-] yuan, and if the court supported it by chance, he would earn it .Therefore, Hong Gong insisted that Wang Chuan write the lawsuit.
Wang Chuan pondered: Although the writing may not be supported, the cost of defending the client's rights will not increase, at most it will be ridiculed by the judge.Under Hong Gong's repeated insistence, Wang Chuan finally wrote this claim in the complaint.
"Facts and reasons:
On January 28, [-], the plaintiff and the defendant signed a "Cooperation Agreement". The two parties agreed that the defendant would invest in the development of a software system project and hire the plaintiff as the project manager.
After the agreement was signed, the plaintiff went to work with the defendant on February 1 of that year, and the defendant paid the plaintiff the basic salary of the previous natural month of [-] yuan by bank transfer on the tenth of every month.If the plaintiff needs to ask for leave, it needs to be approved by the defendant, and the actual number of days of attendance directly affects the actual amount of the plaintiff's salary.The two parties did not sign a written labor contract.
On March [-], [-], the defendant notified the plaintiff to terminate the cooperation agreement.At that time, the plaintiff was on a business trip, and the plaintiff actually worked until March [-], [-].
The plaintiff believes that it has a labor relationship with the defendant, and the dismissal of the plaintiff without reason by the defendant constitutes an illegal termination of the labor relationship. After that, the plaintiff applied to the Haidian District Labor Arbitration Commission for labor arbitration, and the labor arbitration commission issued a notice of non-acceptance. to the court, asking the court to support the plaintiff's claim in accordance with the law.
complete! "Wang Chuan said.
"The defendant pleads!" said the male judge.
"We disagree with the plaintiff's claim. The plaintiff and the defendant are in a cooperative relationship, and what they signed is a cooperation agreement, not a labor contract. Therefore, the two parties should be in a business cooperation relationship, not a labor relationship. Please the court reject the plaintiff's claim in accordance with the law.
The defense is over! "The female legal professional said.
"Plaintiff, present evidence on the facts and reasons you claim." The male judge looked at the case file on the table and said without looking up.
"The first piece of evidence, the "Cooperation Agreement", clearly stated: the defendant hired the plaintiff as the project manager, and before the establishment of the project company, the defendant paid the plaintiff labor remuneration in the form of basic salary plus performance commission. Proof: the plaintiff is under the management of the defendant , the defendant paid wages to the plaintiff, and there was a labor relationship between the two.
The second piece of evidence, the bank statement of the defendant’s payment of wages to the plaintiff, proves that the defendant pays the plaintiff’s wages by bank transfer on the [-]th of every month.Wages were paid until December [-], and wages have not been paid from January [-] to March [-], [-].
The third piece of evidence is that the defendant’s financial staff sent the plaintiff a salary slip for checking the salary, which recorded the number of days of attendance, the number of days of leave, etc., proving that the defendant had attendance requirements for the plaintiff, and wages would be deducted due to leave.It proves that the defendant's attendance management of the plaintiff meets the requirements of labor relations.
The fourth piece of evidence, the "Notice of Termination of Labor Relations", proves that the plaintiff dismissed the plaintiff without justified reasons, which constituted illegal termination of labor relations.
The fifth piece of evidence is the e-mail that the plaintiff reported weekly to the general manager of the defendant. The e-mail has been notarized and has a notarization certificate.It proves that the plaintiff is under the management of the defendant, reports work every week, and the relationship between the two parties is the management and the managed.
The proof is over! "Wang Chuan said.
(End of this chapter)
After eating, Sister Hong asked people to cut and pack the remaining untouched mutton and put it in Wang Chuan's trunk.According to her, this is called CD-ROM operation. Everyone here has a family and a family. Someone cooks when they go home. He and Wu Hongyan go home with cold pots and stoves. No one cooks. Bring some mutton back. You can eat it in one go.
Having said that, as for whether Wang Chuan and Wu Hongyan ate together or shared it, that was out of Sister Hong's business.
Wu Hongyan's face was a little unnatural, and Wang Chuan took it carelessly.Wang Chuan opened up the knot in his heart. He felt very comfortable with Wu Hongyan, and she was not disgusted with him. This outing brought subtle changes to the relationship between the two of them.
After Wang Chuan drove past the sluice gate of Sanjiadian, he suddenly received a call from Fatty Wan.
"Chuan'er, let's get together tomorrow night, are you free?" Fatty Wan's voice came from the phone.
"Okay! Where are you going to get together? Who are you?" Wang Chuan said while driving.
"Only a few people in our office, you, me, Sister Wang and Zheng Yi, Xiao Hao has returned to his hometown, and is not in the imperial capital. Come to my house at six o'clock tomorrow night, and have a comfortable meal at home." Fatty Wan said.
"Okay, see you tomorrow night." Wang Chuan said, and then hung up the phone.
Wang Chuan sent Wu Hongyan home first, and wanted to have dinner together, but he didn't eat until after two o'clock in the afternoon, and now his stomach was still full, and Wu Hongyan couldn't eat at all.
In the end, Wang Chuan took out all the mutton in the trunk and prepared to take it upstairs for her, but Wu Hongyan refused.
"You stay, I can't eat so much." Wu Hongyan said.
"I can't eat so much. How about you keep some of it." Wang Chuan said.
In the end, Wu Hongyan only took two boxes and went upstairs.Before leaving, she smiled back at him and said thank you!Seeing this scene, Wang Chuan's heart fluttered, and a strange feeling rose up.
In the afternoon of the next day, Wang Chuan went to Fatty Wan's house. Zheng Yi, Sister Wang and him entered the door one after another.Wang Chuan went to help the cook, and got good news from Fatty Wan's wife. The small courtyard he bought has been included in the scope of demolition, and the demolition policy will come down soon.
One day in mid-May, Hong Gong's labor dispute case started at nine o'clock in the morning, and Wang Chuan arrived at the Haidian court early.
The judge who heard Hong Gong's case was a male judge wearing glasses, in his 40s, with a serious face.
The defendant Myriad World did not hire a lawyer, and a female legal officer in her 20s from their company participated in the trial.
"Plaintiff, state the claims, facts and reasons." The male judge raised his eyelids and glanced at Wang Chuan, before looking at the case file on the table.
"Claims:
[-]. To confirm that the plaintiff and the defendant had labor relations from February [-], [-] to March [-], [-];
860. Request the defendant to pay the plaintiff [-] yuan in wages from January [-], [-] to March [-], [-];
[-]. Requesting that the defendant be ordered to pay the plaintiff the difference of two times the wages between March [-], [-] and February [-], [-] without signing a labor contract; [-] yuan;
780. Request to order the defendant to pay [-] yuan in compensation for the plaintiff's illegal termination of the labor relationship. After Wang Chuan finished speaking, he paused.
Wang Chuan once reminded Hong Gong about the double difference of the unsigned labor contract that the money might not be supported, but Hong Gong thought it was a lot of money, more than [-] yuan, and if the court supported it by chance, he would earn it .Therefore, Hong Gong insisted that Wang Chuan write the lawsuit.
Wang Chuan pondered: Although the writing may not be supported, the cost of defending the client's rights will not increase, at most it will be ridiculed by the judge.Under Hong Gong's repeated insistence, Wang Chuan finally wrote this claim in the complaint.
"Facts and reasons:
On January 28, [-], the plaintiff and the defendant signed a "Cooperation Agreement". The two parties agreed that the defendant would invest in the development of a software system project and hire the plaintiff as the project manager.
After the agreement was signed, the plaintiff went to work with the defendant on February 1 of that year, and the defendant paid the plaintiff the basic salary of the previous natural month of [-] yuan by bank transfer on the tenth of every month.If the plaintiff needs to ask for leave, it needs to be approved by the defendant, and the actual number of days of attendance directly affects the actual amount of the plaintiff's salary.The two parties did not sign a written labor contract.
On March [-], [-], the defendant notified the plaintiff to terminate the cooperation agreement.At that time, the plaintiff was on a business trip, and the plaintiff actually worked until March [-], [-].
The plaintiff believes that it has a labor relationship with the defendant, and the dismissal of the plaintiff without reason by the defendant constitutes an illegal termination of the labor relationship. After that, the plaintiff applied to the Haidian District Labor Arbitration Commission for labor arbitration, and the labor arbitration commission issued a notice of non-acceptance. to the court, asking the court to support the plaintiff's claim in accordance with the law.
complete! "Wang Chuan said.
"The defendant pleads!" said the male judge.
"We disagree with the plaintiff's claim. The plaintiff and the defendant are in a cooperative relationship, and what they signed is a cooperation agreement, not a labor contract. Therefore, the two parties should be in a business cooperation relationship, not a labor relationship. Please the court reject the plaintiff's claim in accordance with the law.
The defense is over! "The female legal professional said.
"Plaintiff, present evidence on the facts and reasons you claim." The male judge looked at the case file on the table and said without looking up.
"The first piece of evidence, the "Cooperation Agreement", clearly stated: the defendant hired the plaintiff as the project manager, and before the establishment of the project company, the defendant paid the plaintiff labor remuneration in the form of basic salary plus performance commission. Proof: the plaintiff is under the management of the defendant , the defendant paid wages to the plaintiff, and there was a labor relationship between the two.
The second piece of evidence, the bank statement of the defendant’s payment of wages to the plaintiff, proves that the defendant pays the plaintiff’s wages by bank transfer on the [-]th of every month.Wages were paid until December [-], and wages have not been paid from January [-] to March [-], [-].
The third piece of evidence is that the defendant’s financial staff sent the plaintiff a salary slip for checking the salary, which recorded the number of days of attendance, the number of days of leave, etc., proving that the defendant had attendance requirements for the plaintiff, and wages would be deducted due to leave.It proves that the defendant's attendance management of the plaintiff meets the requirements of labor relations.
The fourth piece of evidence, the "Notice of Termination of Labor Relations", proves that the plaintiff dismissed the plaintiff without justified reasons, which constituted illegal termination of labor relations.
The fifth piece of evidence is the e-mail that the plaintiff reported weekly to the general manager of the defendant. The e-mail has been notarized and has a notarization certificate.It proves that the plaintiff is under the management of the defendant, reports work every week, and the relationship between the two parties is the management and the managed.
The proof is over! "Wang Chuan said.
(End of this chapter)
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