Grassroots lawyers also have spring
Chapter 685 Big Mac
Chapter 685 Big Mac
After finishing speaking, the legal officer followed up and said: "It is clearly stipulated in the company's rules and regulations that employees have one hour for each meal, and the meal time is not included in the working hours.
The plaintiff had learned the company's rules and regulations when he joined the company, and he also signed the company's training records to confirm the relevant training.
All the employees of the company are like this. There is an hour for lunch break at noon, and there is also an hour for supper in the night shift.So the meal hour should not be counted as overtime. "
Wang Chuan kept smiling, calmly listening to the defendant's attorney's defense.
"Plaintiff, why do you think lunch and dinner hours are overtime hours?" asked the female judge.There was a questioning look in her eyes.
"Employees work eight hours a day, take a one-hour break for lunch, and a total of nine hours. The rest is to meet the physiological needs of employees.
During the normal lunch break period, employees can freely control their time. For example, employees can use lunch time to eat out, take a walk, take a nap, or even go shopping.
However, the plaintiff's job is security, and the plaintiff cannot leave his post during the working period. The rules and regulations provided by the defendant clearly stipulate that security guards are not allowed to leave their posts or leave their posts vacant.
As a result, the plaintiff had to stick to his post during lunch and supper time and was not allowed to leave his post.Every time the plaintiff ate lunch, his colleagues at the mobile station brought the meals, or other colleagues temporarily replaced them, and the employees returned to their posts immediately after buying the meals to continue on duty.During the night shift, the meal time is at midnight, and the plaintiff always prepares his own meals, and he is still not allowed to leave his post during the meal.
During the meal time period stipulated by the company, the plaintiff is actually still working at the post, and the company also stipulates that he must be on the post. He cannot freely control the rest time, and he still has to abide by the company's regulations and stick to his post.
In other words, he still has to work during lunch and supper hours.In this case, it is obviously unreasonable for the defendant to deduct the plaintiff's meal time (one hour) as a rest time. "Wang Chuan said.
"Defendant, how do you handle lunch and dinner for security guards in your company?" The female judge understood what Wang Chuan meant, and turned to look at the legal commissioner.
"Our company has a cafeteria. Everyone eats at home after eating, and...some of them eat in the cafeteria." The legal officer hesitated.
"Was the company's security guard on duty during the meal?" the female judge asked.
"Not necessarily, they can also replace each other and go to eat in turn. The period of eating should not be considered as being on duty." The legal commissioner argued.
"If it's not counted as being on the job, why do you have to replace each other and take turns? Defendant, please explain." The female judge asked blankly.
The legal officer was silent, because she didn't know how to answer this question. After a while, she replied: "But all the security guards have signed and confirmed that the meal time is counted as rest time, not counted as working hours."
"The plaintiff believes that the defendant took advantage of the unequal status of the two parties in the labor relationship to force the laborer to sign the above-mentioned documents. If he did not sign, he would not be able to go through the entry procedures. The plaintiff had to sign in order to get a job. The defendant was obviously abusing his power and damaging Labor rights and interests. Such agreements should be invalid." Wang Chuan said.
The legal commissioner in the dock was a little flustered. She didn't understand how the case that she thought she would win suddenly turned into this.
……
After signing the transcript, Wang Chuan walked out of the court with his bag in his hand. Recently, he always felt dizzy. It may be because there were too many things happening. He sat in the car for a while before recovering.
When he was about to drive away, the screen of the mobile phone on the dashboard suddenly lit up, and a strange call came in.When the court session was held before, he turned on the mute, and forgot to turn on the bell after the court session.
"Hello!" Wang Chuan said.
"Hello, are you lawyer Wang Chuanwang?" A young woman's voice came out, her tone seemed very polite.
"Yes, I'm Wang Chuan, who are you?" Wang Chuan asked.
"I am the legal specialist of CM Company. My surname is Sun. We have a work-related injury case and would like to consult you. Is it convenient for you tomorrow?" the other party said.
"What time tomorrow?" Wang Chuan asked.
"We are OK in the morning or afternoon, depending on your schedule." The other party said.
"Okay, let's do it at [-]:[-] tomorrow afternoon, okay?" Wang Chuan asked.
"Okay, please give me your email address later, and I will send you the questions you want to consult together with the company address." The other party hung up the phone after finishing speaking.
After a while, Wang Chuan's mobile phone received a notification that there was a new email.He opened the mailbox to check it, and then forwarded it to Yue Shan, asking her to check the situation of CM company and give it to him tomorrow morning.
When I got home at night, Wu Hongyan hadn't arrived yet, and my mother-in-law had already prepared dinner. During this time, her pregnancy reaction had disappeared, and her stomach had already taken shape.
Wang Chuan has accompanied Wu Hongyan to the hospital for multiple checkups, and the checkup results showed that the fetus was developing normally.
"How do you feel today?" Seeing Wu Hongyan entering the door with a leather bag, Wang Chuan hurriedly got up and took the bag in her hand and asked with concern.
"It's okay, Sister Hong takes good care of me." Wu Hongyan looked at Wang Chuan with a smile on her stomach.
"That's good!" After speaking, Wang Chuan felt more at ease.
He knows that his daughter-in-law is the person in charge of the legal department of Sister Hong and her company. The company has developed rapidly in recent years, and the legal department has endless problems to solve every day. Wang Chuan is really afraid that Wu Hongyan will work too hard and affect the child in his belly. .
For this reason, he deliberately greeted Sister Hong behind Wu Hongyan's back. Sister Hong regarded Wang Chuan as her younger brother. Naturally, she couldn't make her pregnant sister-in-law too tired, so she gave Wu Hongyan the greatest help within her ability. .
"If you want me to say, you might as well just quit your job! It's not like Wang Chuan can't afford you. Besides, our stores also need manpower, so why bother to help others!" After Wu Mu put the dishes on the table, nagging.
Hearing what her mother said, Wu Hongyan, with her mother behind her back, made a helpless expression at Wang Chuan, and sat on the sofa in silence.
Wang Chuan was also helpless, the mother-in-law said this for the good of her own daughter-in-law, and neither party could afford to offend, so she just shut up.He quickly walked to the kitchen and helped serve the dishes.
Early the next morning, Wang Chuan came to the law firm, and after a while, Yue Shan walked in quickly.
"Wang Lv, this is the information you asked me to check. CM company is headquartered in Germany and is a super-large manufacturing enterprise in the world's top [-]. CM mainly focuses on research and development and production of electrical products. The research and development base is in the imperial capital, and the production base Over there in Daxing..." Like an intelligence officer, Yue Shan introduced the situation of CM Company eloquently.
Listening, Wang Chuan frowned. Why did such a giant company ask him to consult legal issues?
It's not that he looks down on himself, but that he really can't figure it out. This type of large-scale enterprise is usually the object of competition for the red circle on the head. How can it leak business to himself?
(End of this chapter)
After finishing speaking, the legal officer followed up and said: "It is clearly stipulated in the company's rules and regulations that employees have one hour for each meal, and the meal time is not included in the working hours.
The plaintiff had learned the company's rules and regulations when he joined the company, and he also signed the company's training records to confirm the relevant training.
All the employees of the company are like this. There is an hour for lunch break at noon, and there is also an hour for supper in the night shift.So the meal hour should not be counted as overtime. "
Wang Chuan kept smiling, calmly listening to the defendant's attorney's defense.
"Plaintiff, why do you think lunch and dinner hours are overtime hours?" asked the female judge.There was a questioning look in her eyes.
"Employees work eight hours a day, take a one-hour break for lunch, and a total of nine hours. The rest is to meet the physiological needs of employees.
During the normal lunch break period, employees can freely control their time. For example, employees can use lunch time to eat out, take a walk, take a nap, or even go shopping.
However, the plaintiff's job is security, and the plaintiff cannot leave his post during the working period. The rules and regulations provided by the defendant clearly stipulate that security guards are not allowed to leave their posts or leave their posts vacant.
As a result, the plaintiff had to stick to his post during lunch and supper time and was not allowed to leave his post.Every time the plaintiff ate lunch, his colleagues at the mobile station brought the meals, or other colleagues temporarily replaced them, and the employees returned to their posts immediately after buying the meals to continue on duty.During the night shift, the meal time is at midnight, and the plaintiff always prepares his own meals, and he is still not allowed to leave his post during the meal.
During the meal time period stipulated by the company, the plaintiff is actually still working at the post, and the company also stipulates that he must be on the post. He cannot freely control the rest time, and he still has to abide by the company's regulations and stick to his post.
In other words, he still has to work during lunch and supper hours.In this case, it is obviously unreasonable for the defendant to deduct the plaintiff's meal time (one hour) as a rest time. "Wang Chuan said.
"Defendant, how do you handle lunch and dinner for security guards in your company?" The female judge understood what Wang Chuan meant, and turned to look at the legal commissioner.
"Our company has a cafeteria. Everyone eats at home after eating, and...some of them eat in the cafeteria." The legal officer hesitated.
"Was the company's security guard on duty during the meal?" the female judge asked.
"Not necessarily, they can also replace each other and go to eat in turn. The period of eating should not be considered as being on duty." The legal commissioner argued.
"If it's not counted as being on the job, why do you have to replace each other and take turns? Defendant, please explain." The female judge asked blankly.
The legal officer was silent, because she didn't know how to answer this question. After a while, she replied: "But all the security guards have signed and confirmed that the meal time is counted as rest time, not counted as working hours."
"The plaintiff believes that the defendant took advantage of the unequal status of the two parties in the labor relationship to force the laborer to sign the above-mentioned documents. If he did not sign, he would not be able to go through the entry procedures. The plaintiff had to sign in order to get a job. The defendant was obviously abusing his power and damaging Labor rights and interests. Such agreements should be invalid." Wang Chuan said.
The legal commissioner in the dock was a little flustered. She didn't understand how the case that she thought she would win suddenly turned into this.
……
After signing the transcript, Wang Chuan walked out of the court with his bag in his hand. Recently, he always felt dizzy. It may be because there were too many things happening. He sat in the car for a while before recovering.
When he was about to drive away, the screen of the mobile phone on the dashboard suddenly lit up, and a strange call came in.When the court session was held before, he turned on the mute, and forgot to turn on the bell after the court session.
"Hello!" Wang Chuan said.
"Hello, are you lawyer Wang Chuanwang?" A young woman's voice came out, her tone seemed very polite.
"Yes, I'm Wang Chuan, who are you?" Wang Chuan asked.
"I am the legal specialist of CM Company. My surname is Sun. We have a work-related injury case and would like to consult you. Is it convenient for you tomorrow?" the other party said.
"What time tomorrow?" Wang Chuan asked.
"We are OK in the morning or afternoon, depending on your schedule." The other party said.
"Okay, let's do it at [-]:[-] tomorrow afternoon, okay?" Wang Chuan asked.
"Okay, please give me your email address later, and I will send you the questions you want to consult together with the company address." The other party hung up the phone after finishing speaking.
After a while, Wang Chuan's mobile phone received a notification that there was a new email.He opened the mailbox to check it, and then forwarded it to Yue Shan, asking her to check the situation of CM company and give it to him tomorrow morning.
When I got home at night, Wu Hongyan hadn't arrived yet, and my mother-in-law had already prepared dinner. During this time, her pregnancy reaction had disappeared, and her stomach had already taken shape.
Wang Chuan has accompanied Wu Hongyan to the hospital for multiple checkups, and the checkup results showed that the fetus was developing normally.
"How do you feel today?" Seeing Wu Hongyan entering the door with a leather bag, Wang Chuan hurriedly got up and took the bag in her hand and asked with concern.
"It's okay, Sister Hong takes good care of me." Wu Hongyan looked at Wang Chuan with a smile on her stomach.
"That's good!" After speaking, Wang Chuan felt more at ease.
He knows that his daughter-in-law is the person in charge of the legal department of Sister Hong and her company. The company has developed rapidly in recent years, and the legal department has endless problems to solve every day. Wang Chuan is really afraid that Wu Hongyan will work too hard and affect the child in his belly. .
For this reason, he deliberately greeted Sister Hong behind Wu Hongyan's back. Sister Hong regarded Wang Chuan as her younger brother. Naturally, she couldn't make her pregnant sister-in-law too tired, so she gave Wu Hongyan the greatest help within her ability. .
"If you want me to say, you might as well just quit your job! It's not like Wang Chuan can't afford you. Besides, our stores also need manpower, so why bother to help others!" After Wu Mu put the dishes on the table, nagging.
Hearing what her mother said, Wu Hongyan, with her mother behind her back, made a helpless expression at Wang Chuan, and sat on the sofa in silence.
Wang Chuan was also helpless, the mother-in-law said this for the good of her own daughter-in-law, and neither party could afford to offend, so she just shut up.He quickly walked to the kitchen and helped serve the dishes.
Early the next morning, Wang Chuan came to the law firm, and after a while, Yue Shan walked in quickly.
"Wang Lv, this is the information you asked me to check. CM company is headquartered in Germany and is a super-large manufacturing enterprise in the world's top [-]. CM mainly focuses on research and development and production of electrical products. The research and development base is in the imperial capital, and the production base Over there in Daxing..." Like an intelligence officer, Yue Shan introduced the situation of CM Company eloquently.
Listening, Wang Chuan frowned. Why did such a giant company ask him to consult legal issues?
It's not that he looks down on himself, but that he really can't figure it out. This type of large-scale enterprise is usually the object of competition for the red circle on the head. How can it leak business to himself?
(End of this chapter)
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