Grassroots lawyers also have spring

Chapter 630 Intuition
Immediately after Wu Hongyan changed the topic: "But the engineering company refused to accept it and filed a lawsuit with the court. The court believed that there was no intention to establish a labor relationship between the engineering company and Ma Zhe, indicating that the relationship between Ma Zhe and the engineering company did not comply with the statutory labor relationship. Conditions, it is illegal to forcibly determine that there is a labor relationship between the two parties. Finally, the ruling of the Labor Arbitration Commission was overturned.

I used to think so when I was working in the court, and the court system in the imperial capital is relatively unified in this regard.

In fact, Ma Zhe and the engineering company did not intend to establish an employment relationship. He said that the court's decision was just a workaround, which would not violate the "Work-related Injury Insurance Regulations" and would allow Ma Zhe's parents to obtain certain relief.

Therefore, the road to confirm the actual labor relationship and then apply for work-related injury has been blocked, so you don't have to think too much about it. "

"Labor arbitration tends to forcibly determine the factual labor relationship in order to protect the rights and interests of workers. However, the court feels that the labor arbitration committee's determination has no basis in law and cannot be recognized as a factual labor relationship. It's really confusing!" Wang Chuan scratched his head and said .

Although he is not reconciled, this is the fact. He agrees with Wu Hongyan's analysis, as if this case has reached a dead end, and the first trial and two trials have exhausted.However, as a lawyer who has been working on labor dispute cases for many years, he always feels that something is wrong. Maybe there is still hope for this case to be brought back.

"If you represent this case, what is the cause of the case? Work-related injury insurance liability dispute?" Wu Hongyan asked suspiciously.

"Is there such a possibility? Can the 'employer's responsibility' in the notice you mentioned just now be understood as a non-labor relationship compensation liability, which does not need to be forcibly identified as a labor relationship, but is based on the labor that the illegal subcontracting engineering company should bear? The main responsibility is the work-related injury insurance liability." Wang Chuan said.

"It's not impossible for you to explain it this way, but neither the labor department nor the judicial practice has made such a judgment. The main reason is that there is no legal basis, so the court chose to judge the two parties in this case as an employment relationship." Wu Hongyan thought for a while. .

"The previous lawsuits in this case have all reached the second instance, so don't even think about retrial, it is simply impossible, there is no room for it.

I always feel that the labor arbitration committee forcibly determined the factual labor relationship according to the documents of the Ministry of Human Resources and Social Security, and the court rejected it. After so many years, the Ministry of Human Resources and Social Security will solve the problem in a different way because it is not a decoration?

After all, this is a social problem and cannot be left alone.Whenever there is a glimmer of hope, I will fight for it.I have an intuition that it might work! "Wang Chuan said.

"Opportunities are reserved for those who are prepared. You have been a lawyer for so many years and have handled labor dispute cases for so many years. Your intuition may come true! Try it! I support you!" Wu Hongyan told him Cheer up.

Now that the husband has decided to do this, he can only be encouraged. If his family does not support him, who else can he support.However, she is only providing spiritual support and is not optimistic about the case.

"Well, seven points depend on hard work, and three points depend on luck! I hope this time I can be lucky!" Wang Chuan said while gently holding Wu Hongyan's hand.

"Don't worry, my dad asked someone to do the calculation for us. Your horoscope matches mine very well, so it's a good sign! Everything is going well!" Wu Hongyan said with a smile in his eyes.

"Okay, that's it. I'll call Reporter Zhao later and make an appointment to meet and talk with the parties!" After Wang Chuan finished speaking, he walked out of the house impatiently.

"Chuan'er, your mother and I are going back. We are not used to living in this place!" Wang Chuan's father said after lunch.

"Yeah, wandering around this building all day, I'm so flustered. Go out, there are many people everywhere, if you want to climb mountains, there are city people, I think I'm pitiful enough, I didn't expect city people Worse than me, if you want to climb a mountain, you have to run so far. It’s better to go home, because there are mountains when you go out. There are not so many people!" Wang Chuan’s mother echoed.

"Mom, why don't you stay for a few more days, or go to my parents' place!?" Wu Hongyan asked to stay.

"No need, we went there yesterday, and they are not used to living here, and they plan to go back to Chongqing in a few days." Wang Chuan's mother said.

"If you are not used to living here, I will take you back tomorrow." Wang Chuan thought for a while, his parents are not familiar with the place where they live here, and there is no one to talk and chatter when they go out. They are obviously in a bad mood these days, so they returned home. It is also good to rest in the village.

"No need. Your aunt is planning to go back tomorrow, and your cousin has already asked for leave. He will go back with us." Wang Chuan's mother said.

That's okay, I'll ask them if they have booked a ticket, and I'll book a train ticket for you. "Wang Chuan said as he took out his mobile phone and dialed it.

Early the next morning, after breakfast, Wang Chuan and his wife drove their parents to the West Railway Station. At the entrance of the South Square of the West Railway Station, their aunt and cousin were waiting for them.After their parents, aunt and others entered the station through the ticket gate, Wang Chuan and Wu Hongyan drove to Yuanyang Shanshui.

After the ten-day marriage leave, Wu Hongyan went to work, and Wang Chuan waited for Ma Zhe's parents at the law firm.

"...I introduced the lawsuit plan just now, I wonder if you are willing to give it a try." Wang Chuan said.

"Lawyer Wang, if we entrust you with this case, how will we charge the lawyer's fee?" Ma Zhe's parents glanced at each other, and Ma's father, a wrinkled old man in his sixties, asked.

"According to the regulations of the firm, the minimum fee is 1 yuan. But reporter Zhao introduced your family situation, your family is not rich, and you rely on farming for a living, so the lawyer's fee will be 5000% off for you, [-] yuan is enough! "Wang Chuan said.

"How much money can we get if we win this lawsuit?" Father Ma nodded and asked suddenly.

"According to the law, you can get more than 49 yuan, but the court awarded you part of it before. Although it was based on the employment relationship, it was based on the same legal fact. The court may offset it." Wang Wang Chuan Road.

"The compensation given to us by the party responsible for the accident before, should we offset it?" Mother Ma asked with concern.

"That should not be the case. This is compensation based on two legal relationships, and there should be no conflict." Wang Chuan explained.

"Master, aunt, these professional matters should be left to Lawyer Wang. Just wait for the news." Reporter Zhao said.

"Well, that's fine. Let's sign." As he spoke, Father Ma glanced at the entrustment procedures Wang Chuan handed over, and signed.Afterwards, the old man took out 5000 yuan and handed it to Wang Chuan.

"Master, you two wait a moment, I will issue you an invoice." Wang Chuan finished speaking and left the meeting room.

After lunch, Wang Chuan drove Ma Zhe's father to the Miyun Labor Arbitration Commission and applied for labor arbitration to the Labor Arbitration Commission. The Labor Arbitration Commission issued a notice of non-acceptance on the same day.

(End of this chapter)