Grassroots lawyers also have spring

Chapter 632
"You also know that employees of the company sometimes work overtime voluntarily, fulfill their obligations, and do not need approval. Unless we ask for overtime work, there will be no overtime approval record.

Taking a step back, even with overtime, it is impossible to make so much money! 80, his annual income is only more than 20.

And he has filed labor arbitration, which will start next month. " Manager Xu said.

"Labor arbitration? Didn't he never sign? Why did he go to labor arbitration?" Wang Chuan asked in surprise.

"Originally, we thought that since he didn't sign the resignation agreement and didn't go to work in other places, we would change his position within the company to avoid trouble.

However, the company's legal counsel said that he should not talk to him, and that he should be fired directly for disobedience to the company's management.We will issue a dismissal notice to the other party.As a result, he arbitrated us! " Manager Xu said.

Wang Chuan frowned when he heard that: "Your company transferred him from the local area to a company in another province. This kind of job transfer will affect the normal daily life of the employees, and it will also involve the change of the working location as stipulated in the labor contract.

In judicial practice, under such circumstances, if the company terminates the labor relationship on the grounds of disobedience to work management, it is generally not supported by the court.There is a high probability that it will constitute illegal termination of labor relations.

We do a lot of cases like this! "

"Well, Lawyer Wang, what do you think we should do now?" Mr. Kang said.

"If the calculation is based on the illegal termination of the labor relationship, how much is the compensation? Has your company calculated it?" Wang Chuan asked.

"We calculated that it was more than 12 yuan. The compensation for illegal termination of labor relationship written on his labor arbitration application was also more than 12 yuan." Manager Xu said.

"Well, the compensation for illegal termination of labor relations is only more than 12 yuan, but he wants 80 yuan, and there must be evidence for overtime pay. It is estimated that he can't produce any favorable evidence in his hand.

In addition, the social security and housing provident fund fees should be paid to the relevant departments according to the regulations, and should not be paid to him himself.

So the 80 he asked for was clearly beyond what he deserved.Suspected of constituting extortion. After finishing speaking, Wang Chuan looked at Fatty Wan.

"Mr. Kang, Manager Xu, according to your company's statement just now, this employee has been suspected of extortion. My suggestion is to call the police, and then your company will negotiate the deal with the other party, prepare 80 for him, and then wait for him to come Capture him directly when withdrawing money. This way you have all the stolen goods, and you are not afraid of his denial." Fatty Wan said.

"If we entrust the two of you to talk to him now, how about making peace?" Mr. Kang and Manager Xu exchanged glances, and Manager Xu said.

"In that case, your company will probably lose money! At least 12 yuan is indispensable." Wang Chuan thought for a while and said, "If your company wants to do this, we have no objection. But if there is no public security department to intervene, the other party If you are confident, you will talk to us, not necessarily!"

"This..." Manager Xu said and looked at Mr. Kang.

"If this matter is entrusted to you, what is the best outcome? What is the worst outcome?" Mr. Kang said.

"The best result is that the employee is arrested and the application for labor arbitration is withdrawn. Your company doesn't need to pay a penny, and the labor relationship is terminated." Fatty Wan said.

"The worst result is that the employee does not constitute a crime. Your company compensates more than 12 yuan and terminates the labor relationship. The court does not care about the social security and housing provident fund payment, but the other party can go to the social security center and housing provident fund center to complain. As for the result of the complaint, I do not know. Well, it depends on the actual situation.

In fact, even if your company wants to calm things down, I am afraid that the worst result cannot be avoided.Of course, even the best result cannot prevent the other party from complaining to the relevant department, but the deterrent effect is still there. "Wang Chuan said.

"Actually, we just paid less, not non-payment of social security. If the other party complains, we are not afraid. It shouldn't be much money, and he has to make up his own part. So I speculate that it is unlikely that he will complain." Manager Xu said .

"Well, Lawyer Wang, if this matter is packaged up and handed over to you, how much will the lawyer's fees cost?" Mr. Kang said.

"This matter requires the cooperation of your company, and the lawyer's fee is [-] yuan." Wang Chuan discussed with Fatty Wan and said.

"Okay, this matter should be done sooner rather than later. You can contact Manager Xu for the following matters, and we will fully cooperate." Mr. Kang said.

Two days later, a tall, thin man in his thirties, wearing glasses and looking gentle, walked into an unremarkable teahouse by the side of the road.

At this moment, the teahouse was very quiet, and there were not many people drinking tea. Manager Xu was sitting in a corner drinking tea while looking at the door. When he saw a well-mannered man enter, he waved.A well-mannered man walked towards him.

"Did you bring the money?" The gentle man sat opposite Manager Xu and asked coldly.

"Did you bring the financial information?" Manager Xu glanced at the other party and asked.

The gentle man put a thick file bag on the table: "It's all here! As long as the money is in place, there will be no less documents." After finishing speaking, he smiled smugly.

"Xiao Chen, why bother? The company has never treated you badly. Do you think it's appropriate for you to do this?" Manager Xu looked at the well-mannered man in front of him, feeling a little regretful in his heart.

"Cut! Why is it inappropriate. I have worked in the company for several years and worked overtime day and night. What happened? If you say you want to cut it, you will cut it! Why don't you consider my feelings.

The money I ask from you is not much, it is all my hard-earned money over the years.

Besides, I haven't mentioned the fact that those bastards in the management report the expense account every year and use the invoice to offset the tax.Just be content with it!The 80 yuan is not much at all, so spend money to avoid disasters! Wenzhi Binbin snorted coldly.

"Yes! Spend money to avoid disaster!" Manager Xu said helplessly.He knew in his heart that he was afraid that some people would not be immune to disaster even if they spent money!

Manager Xu put a large heavy canvas bag on the table and pushed towards him: "You should think about it!"

He intentionally reminded the other party that the money was not easy to get, but the other party saw the money and didn't listen to him at all.

"Here are all the financial documents. Take them well, and we will never mess with river water." After speaking, the gentle man lifted his canvas bag and got up to leave.

At this moment, a big hand pressed on his shoulder: "Don't worry, let's talk before we go!"

The gentle man was taken aback for a moment, then turned his head to look, and there were two muscular men staring at him coldly behind him.Footsteps sounded, and three uniformed policemen walked up ahead.

"Chen Yue, you are suspected of extortion, and now you have all the stolen goods, come with us!" After a policeman finished speaking, cold handcuffs were put on the gentle man's hands.

"I'm not extorting, I deserve it all." The gentle man shouted with flustered eyes.It caused a riot in the teahouse.

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(End of this chapter)