Grassroots lawyers also have spring
Chapter 634 Letter of Understanding
Chapter 634 Letter of Understanding
"Hello, Lawyer Wang, I am Lawyer Huo who called you." A man of about 30 years old with a gentle appearance said with a smile after entering the meeting room.
"Hello, Lawyer Huo, this is Lawyer Wan from our firm." Wang Chuan introduced Fatty Wan to the other side.
"Lawyer Huo came here this time for Chen Yue's business?" Fatty Wan asked with a smile.
"Yes. His wife entrusted me to handle his case. This is the entrustment procedure, you two, please take a look." Lawyer Huo was very polite, and handed the entrustment procedure to Wang Chuan.
"Okay, thank you!" Wang Chuan had a good impression of Lawyer Huo.
Originally, both parties were using people's money to eliminate disasters. They are both people who understand the law. There is no need to fight like enemies when they meet. This is not in court, and the clients are not present. Why bother? Woolen cloth!Who is the show for?
"Lawyer Huo, let's get straight to the point. What is the purpose of your trip?" Wang Chuan looked at the other party.
"Lawyer Wang is straightforward, and I don't like twists and turns. I was entrusted by Chen Yue's family to handle this case. To be honest, Chen Yue's case has already reached the procuratorate, and the file will be transferred to the court soon.
I also know that this kind of extortion case is relatively simple, and the public security department has arrested it again, so there is basically nothing to defend.
But I still hope that the company can give a letter of understanding. "Lawyer Huo said.
"Lawyer Huo, Chen Yue has already applied for labor arbitration, and came here to take the company's financial information and threaten the company to demand 80 yuan.
With Chen Yue's various behaviors, the moment your upper lip touched your lower lip, the company issued a letter of understanding to forgive his crimes. You must give me a reason, why should I mention this to the company! "Wang Chuan looked puzzled.
"Lawyer Wang, what should we say about this matter? Whether Chen Yue really committed the crime of extortion has not yet been judged by the court, and the financial information he has is not a threat to the company!" Lawyer Huo said.
"Lawyer Huo, you have to be responsible for what you say. Have you seen the financial information Chen Yue took?" Fatty Wan said suddenly.
Lawyer Huo was stunned by Fatty Wan's question, and then he shook his head and said, "I haven't seen it before! I just heard that it's some personnel salary information."
"I can tell you responsibly that the police at the scene and manager Xu of Wanhui Company checked the financial information in the file bag.
These materials include company employee information, employee salary system, sales situation, cost and related expenses, which are the company's core financial and human resource data.
Moreover, after Chen Yue took the information, the company asked him for the information, but he avoided it and offered 80 yuan if he wanted the information.
Lawyer Huo, do you think this information will pose a threat to the company? Fatty Wan said with a cold face.
"This..., didn't all the information be given to the company, and he didn't keep it!" Lawyer Huo argued.
"Yes! But it was only given after the extortion was successful. If you are a criminal lawyer, you should know the difference between an attempted crime and an accomplished crime." Fatty Wan said bluntly.
Lawyer Huo's face was not very good-looking, and he said after a while: "Well, it's useless for us to argue about these things, let the court judge whether you are guilty or not, I'm here to communicate with you today.
Please make a condition, what condition will you be willing to issue a letter of understanding? "
"Hey! If you said that earlier, you would have played! Why waste your time by rambling. How about this, let's discuss it with the company first, and give you news before get off work tomorrow." Fatty Wan said with a smile.
"Okay. Then I'll hear from you two." Lawyer Huo finished speaking, smiled slightly, drank the tea in the cup and stood up to leave.
"Brother Wan, Lawyer Huo is in such a hurry to ask for a letter of understanding, is the court going to be held soon?" Wang Chuan asked.
"It's possible. He might want to take the letter of understanding to the procuratorate, so that the procuratorate will propose a shorter sentence when the procuratorate initiates the prosecution." Fatty Wan said.
"Can this letter of understanding really work?" Wang Chuan asked.
"It will have a certain effect, but it's hard to say how much it will be. It's better than nothing!" Fatty Wan said: "You should communicate with Manager Xu first, and you can use this opportunity to wipe out the labor arbitration matter. .”
"Okay, let me communicate with Manager Xu first." Wang Chuan took out his mobile phone and dialed out.
After lunch the next day, before Wang Chuan could call Lawyer Huo, the latter called Huo impatiently.
"Lawyer Wang, excuse me! Is there any result to what we said yesterday?" Lawyer Huo asked.
"Well, Wanhui Company had a meeting on this matter this morning, and Wanhui Company agreed in principle to issue a letter of understanding.
But Chen Yue must withdraw the application for labor arbitration. In addition, he must issue a statement that the company dismissed him because he violated the company's financial system and disobeyed the company's management. You can ask Manager Xu about how to write it. The people in the company know the situation best. . "Wang Chuan said.
Previously, the company's legal counsel asked the company to dismiss Chen Yue directly on the grounds that he did not obey the company's management. However, if it was just because Chen Yue refused to be assigned to work in other provinces, the reason would definitely be untenable, and it would most likely constitute illegal dismissal. For this reason, Manager Xu once asked Wang Chuan if there was any good way to make up for it.
But Wang Chuan didn't have a good solution, so he had to suggest Manager Xu to discuss the matter from the reasons for dismissal. Manager Xu was still very savvy, and immediately understood what Wang Chuan meant.
Wang Chuan will not directly issue documents to the company for this kind of thing, because Chen Yue has specific actions that violate the daily management system and disobey the management. .
A few days later, Manager Xu happily told Wang Chuan that the matter was resolved, the company issued a letter of understanding for Chen Yue, the labor arbitration case had been withdrawn, and Chen Yue issued a statement to the company, which was signed by Lawyer Huo who went to the detention center to find him .
At the beginning of July, the procuratorate filed a public prosecution for Chen Yue's extortion case, and proposed a four-year prison term.The court of first instance adopted the proposal of the procuratorate, and quickly sentenced Chen Yue to constitute the crime of extortion, and sentenced him to four years in prison and a fine of 3 yuan.
Chen Yue was dissatisfied and entrusted Lawyer Huo to appeal, but the appeal was quickly rejected by the court of second instance. Of course, this is all for later.
At the beginning of July, the case of Ma Zhe's work-related injury insurance liability dispute is about to go to court.
Just one day before the trial, Wang Chuan got good news when he was preparing the court documents. Recently, the Ministry of Human Resources and Social Security issued the "Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance".
Article [-] of the Opinion stipulates that a contracting unit with the qualification of the subject of employment violates the provisions of laws and regulations, and subcontracts or subcontracts the contracted business to an organization or natural person who does not have the qualification of the subject of employment, and the laborers hired by the organization or natural person In the event of a work-related injury or death while engaging in contracting business, the contracting unit with the qualification of the main employer shall bear the work-related injury insurance liability that the employer should bear according to law.
This time Wang Chuan has caught up!
(End of this chapter)
"Hello, Lawyer Wang, I am Lawyer Huo who called you." A man of about 30 years old with a gentle appearance said with a smile after entering the meeting room.
"Hello, Lawyer Huo, this is Lawyer Wan from our firm." Wang Chuan introduced Fatty Wan to the other side.
"Lawyer Huo came here this time for Chen Yue's business?" Fatty Wan asked with a smile.
"Yes. His wife entrusted me to handle his case. This is the entrustment procedure, you two, please take a look." Lawyer Huo was very polite, and handed the entrustment procedure to Wang Chuan.
"Okay, thank you!" Wang Chuan had a good impression of Lawyer Huo.
Originally, both parties were using people's money to eliminate disasters. They are both people who understand the law. There is no need to fight like enemies when they meet. This is not in court, and the clients are not present. Why bother? Woolen cloth!Who is the show for?
"Lawyer Huo, let's get straight to the point. What is the purpose of your trip?" Wang Chuan looked at the other party.
"Lawyer Wang is straightforward, and I don't like twists and turns. I was entrusted by Chen Yue's family to handle this case. To be honest, Chen Yue's case has already reached the procuratorate, and the file will be transferred to the court soon.
I also know that this kind of extortion case is relatively simple, and the public security department has arrested it again, so there is basically nothing to defend.
But I still hope that the company can give a letter of understanding. "Lawyer Huo said.
"Lawyer Huo, Chen Yue has already applied for labor arbitration, and came here to take the company's financial information and threaten the company to demand 80 yuan.
With Chen Yue's various behaviors, the moment your upper lip touched your lower lip, the company issued a letter of understanding to forgive his crimes. You must give me a reason, why should I mention this to the company! "Wang Chuan looked puzzled.
"Lawyer Wang, what should we say about this matter? Whether Chen Yue really committed the crime of extortion has not yet been judged by the court, and the financial information he has is not a threat to the company!" Lawyer Huo said.
"Lawyer Huo, you have to be responsible for what you say. Have you seen the financial information Chen Yue took?" Fatty Wan said suddenly.
Lawyer Huo was stunned by Fatty Wan's question, and then he shook his head and said, "I haven't seen it before! I just heard that it's some personnel salary information."
"I can tell you responsibly that the police at the scene and manager Xu of Wanhui Company checked the financial information in the file bag.
These materials include company employee information, employee salary system, sales situation, cost and related expenses, which are the company's core financial and human resource data.
Moreover, after Chen Yue took the information, the company asked him for the information, but he avoided it and offered 80 yuan if he wanted the information.
Lawyer Huo, do you think this information will pose a threat to the company? Fatty Wan said with a cold face.
"This..., didn't all the information be given to the company, and he didn't keep it!" Lawyer Huo argued.
"Yes! But it was only given after the extortion was successful. If you are a criminal lawyer, you should know the difference between an attempted crime and an accomplished crime." Fatty Wan said bluntly.
Lawyer Huo's face was not very good-looking, and he said after a while: "Well, it's useless for us to argue about these things, let the court judge whether you are guilty or not, I'm here to communicate with you today.
Please make a condition, what condition will you be willing to issue a letter of understanding? "
"Hey! If you said that earlier, you would have played! Why waste your time by rambling. How about this, let's discuss it with the company first, and give you news before get off work tomorrow." Fatty Wan said with a smile.
"Okay. Then I'll hear from you two." Lawyer Huo finished speaking, smiled slightly, drank the tea in the cup and stood up to leave.
"Brother Wan, Lawyer Huo is in such a hurry to ask for a letter of understanding, is the court going to be held soon?" Wang Chuan asked.
"It's possible. He might want to take the letter of understanding to the procuratorate, so that the procuratorate will propose a shorter sentence when the procuratorate initiates the prosecution." Fatty Wan said.
"Can this letter of understanding really work?" Wang Chuan asked.
"It will have a certain effect, but it's hard to say how much it will be. It's better than nothing!" Fatty Wan said: "You should communicate with Manager Xu first, and you can use this opportunity to wipe out the labor arbitration matter. .”
"Okay, let me communicate with Manager Xu first." Wang Chuan took out his mobile phone and dialed out.
After lunch the next day, before Wang Chuan could call Lawyer Huo, the latter called Huo impatiently.
"Lawyer Wang, excuse me! Is there any result to what we said yesterday?" Lawyer Huo asked.
"Well, Wanhui Company had a meeting on this matter this morning, and Wanhui Company agreed in principle to issue a letter of understanding.
But Chen Yue must withdraw the application for labor arbitration. In addition, he must issue a statement that the company dismissed him because he violated the company's financial system and disobeyed the company's management. You can ask Manager Xu about how to write it. The people in the company know the situation best. . "Wang Chuan said.
Previously, the company's legal counsel asked the company to dismiss Chen Yue directly on the grounds that he did not obey the company's management. However, if it was just because Chen Yue refused to be assigned to work in other provinces, the reason would definitely be untenable, and it would most likely constitute illegal dismissal. For this reason, Manager Xu once asked Wang Chuan if there was any good way to make up for it.
But Wang Chuan didn't have a good solution, so he had to suggest Manager Xu to discuss the matter from the reasons for dismissal. Manager Xu was still very savvy, and immediately understood what Wang Chuan meant.
Wang Chuan will not directly issue documents to the company for this kind of thing, because Chen Yue has specific actions that violate the daily management system and disobey the management. .
A few days later, Manager Xu happily told Wang Chuan that the matter was resolved, the company issued a letter of understanding for Chen Yue, the labor arbitration case had been withdrawn, and Chen Yue issued a statement to the company, which was signed by Lawyer Huo who went to the detention center to find him .
At the beginning of July, the procuratorate filed a public prosecution for Chen Yue's extortion case, and proposed a four-year prison term.The court of first instance adopted the proposal of the procuratorate, and quickly sentenced Chen Yue to constitute the crime of extortion, and sentenced him to four years in prison and a fine of 3 yuan.
Chen Yue was dissatisfied and entrusted Lawyer Huo to appeal, but the appeal was quickly rejected by the court of second instance. Of course, this is all for later.
At the beginning of July, the case of Ma Zhe's work-related injury insurance liability dispute is about to go to court.
Just one day before the trial, Wang Chuan got good news when he was preparing the court documents. Recently, the Ministry of Human Resources and Social Security issued the "Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance".
Article [-] of the Opinion stipulates that a contracting unit with the qualification of the subject of employment violates the provisions of laws and regulations, and subcontracts or subcontracts the contracted business to an organization or natural person who does not have the qualification of the subject of employment, and the laborers hired by the organization or natural person In the event of a work-related injury or death while engaging in contracting business, the contracting unit with the qualification of the main employer shall bear the work-related injury insurance liability that the employer should bear according to law.
This time Wang Chuan has caught up!
(End of this chapter)
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