Grassroots lawyers also have spring

Chapter 675

At 01:30, the female judge opened the court on time, and after verifying the identities of the representatives of both parties, she sounded the gavel.

"Plaintiff, state your claims." The female judge said.

"The claim: first, the defendant is ordered to pay the plaintiff 5000 yuan in wages; second, the defendant is ordered to pay the plaintiff's social security in May 620; third, the defendant is ordered to reimburse the plaintiff for travel expenses of [-] yuan Fourth, the litigation costs of this case shall be borne by the defendant.

Facts and reasons: The plaintiff, Zhang Laiwang, joined the defendant on May 50, [-] as a salesperson, and since then the defendant did not pay social insurance for the plaintiff, and the plaintiff resigned..." The attorney of the plaintiff, Zhang Laiwang, is a [-]-year-old Women legal workers are not lawyers.

Legal service workers are not lawyers, and are not allowed to solicit business in the name of lawyers. Basically, they can undertake other businesses except criminal business.

Legal service workers are legal service personnel who gradually formed and developed in the early 80s.

In the early and mid-80s of the [-]th century, lawyers were extremely scarce. The state mainly provided legal services to the general public by establishing legal service offices and developing legal service workers to make up for the shortage of lawyers.

On December 24, 2017, the Ministry of Justice organized the first national unified examination for the qualifications of grassroots legal service workers. Article [-] of the Civil Procedure Law (amended in [-]) stipulates that legal workers may be entrusted as agents ad litem.This is the highest level of legal basis for grassroots legal service providers to practice.

However, as the number of lawyers continues to increase, the Imperial Capital Bureau of Justice has gradually tightened the approval process for legal service workers. Legal service workers can only leave but not enter. This group of people is gradually withdrawing from the legal service market.

"The defendant defends." The female judge looked at Wang Chuan.

"The defendant disagrees with the plaintiff's request. There is no labor relationship between the defendant and the plaintiff, and the plaintiff is a member of the defendant's club.

According to the Law on Farmers' Professional Cooperatives, farmers' professional cooperatives are mutual-aid economic mutual aid organizations established between equal subjects in accordance with the principles of voluntary association, democratic management, and distribution of income according to the proportion of surplus. management relationship.Therefore, there is no labor relationship between the plaintiff and the defendant.

The defense is over! "Wang Chuan said.

"The plaintiff's proof!" said the female judge.

"Evidence [-], WeChat chat records, prove that the defendant's cooperative asked the plaintiff to run the business, and the relationship between the two parties is labor.

Evidence 620, the plaintiff's travel expenses to other provinces totaled [-] yuan, which proves that the plaintiff actually paid labor for the cooperative.

The proof is over! "The plaintiff's attorney said.

"Defendant, cross-examine!" the female judge said.

"Evidence [-], the authenticity, legitimacy, and relevance of the WeChat records are recognized by the defendant, but the WeChat records cannot prove the existence of a labor relationship between the two parties.

The plaintiff is a member of the defendant, and he only traveled once due to business needs of the cooperative.As a member, seeing the unsalable products of the cooperative, I feel anxious. After communicating with the cooperative, I go out to find a market for the product. This is understandable and should be encouraged. After all, only when the cooperative is profitable can members have income.

However, the plaintiff requested to confirm the existence of the labor relationship between the two parties on this ground. The defendant believed that he had no fear of the law, and the defendant refused to approve the plaintiff's proof purpose.

Evidence [-]. Travel expenses, including gas fees, highway tolls, parking fees, etc., are not recognized for their authenticity, legitimacy, and relevance. We cannot determine where the expenses were spent and whether the business trip was for cooperative affairs.

Cross-examination is complete! "Wang Chuan said.

"Plaintiff, do you have evidence for your claim of a salary of 5000 yuan? Have you signed any written documents?" the female judge asked.

"I didn't sign any documents. The two parties agreed orally at that time." The plaintiff's agent said.

"Is there any recording or other evidence? It proves the agreement between the two parties." The female judge prompted.

"No!" the plaintiff's attorney said.

"Plaintiff, you said that you joined the job in May [-] and resigned at the end of May of the same year. During this period, did you clock in or sign in for work? Plaintiff Zhang Laiwang, please answer." The female judge stared at the plaintiff sitting on the table. , a skinny man in his thirties asked.

"I don't need to go to the cooperative to work, as long as I can sell big peaches. I don't need to sign in or check in." Zhang Laiwang said.

"Does the cooperative usually assign you work?" the female judge asked.

"Usually, the cooperative needs to pick big peaches and weeding, and it will use a loudspeaker to broadcast, and we will go there. At other times, we can do whatever we like." Zhang Laiwang said.

"Do you mean all the cooperative members?" asked the female judge.

"Yes." Zhang Laiwang said.

"Plaintiff, do you have any willingness to mediate?" the female judge asked.

"The plaintiff is willing to mediate." The plaintiff's agent said.

"The defendant also agreed to mediate." Wang Chuan said.

"Okay, let's start the mediation now. Plaintiff, tell me about your terms!" said the female judge.

"We require payment of wages and supplementary social security, and additional travel expenses." The plaintiff's agent said.

"The defendant does not agree. If the plaintiff raises such conditions, we will not transfer." Wang Chuan said firmly.

"Plaintiff, it's mediation now, you can discuss it later. Let me remind you that all claims you put forward must be supported by evidence, and words alone are not enough.

In addition, I explain that the supplementary payment of social security is not within the scope of court management.Think again! " said the female judge.

"What's your opinion, defendant? Discuss with you too!" the female officer looked at Wang Chuan and said.

Wang Chuan murmured a few words with Assistant Cao and Chairman Zhou of the cooperative, and said: "Although the defendant has no labor relationship with the plaintiff, and he did not sign a single business when he went out, but since the plaintiff is actively looking for a market for the cooperative's products , the cooperative is willing to give him a reward of 620 yuan.

And if the members can help the cooperative to sell products in the future, the cooperative will give certain rewards..."

The purpose of the on-site court session was to popularize the law for the general public and to promote harmony. The female judge believed that what the cooperative said was beneficial to mediation between the two parties, and could also improve the disharmony between the cooperative and its members in this case, so she did not interrupt Wang Chuan's speech.

"Plaintiff, what do you think?" the female judge asked.

Although legal service workers are not as professional as lawyers, they are still legal people after all. They understand the meaning of the judge and can see clearly the current trial situation.She knew that if there was no mediation, the plaintiff's claim would probably be dismissed, and it would be difficult for her to deal with the matter at that time.So just now she kept trying to persuade the plaintiff.

At this time, the plaintiff, Zhang Laiwang, was flickering. He didn't understand it at first. It was because the agent fooled him that he could get the money after confirming the labor relationship, so he applied for labor arbitration and sued the court. The result is now like this.

(End of this chapter)