Grassroots lawyers also have spring

Chapter 696 I Believe You!
The middle-aged woman saw the eyes of the legal commissioner beside her, and asked in a low voice, "What's the matter? Do you know that lawyer?"

"Mr. Luo, he was the one who represented the little security guard last time. This guy has a lot of skills. Let's be careful." The legal officer whispered in the ear of the middle-aged woman.

"Well, it's okay." The middle-aged woman reached out and patted her arm indifferently, and said in a low voice.

She didn't pay attention to the lawyer opposite at all, let alone a lawyer from a small law firm.

Mr. Luo is the new general manager of the legal department of the construction company. Before that, she served as a judge in the intermediate court for many years, mainly responsible for hearing commercial cases. It should be said that she is still very experienced in the field of construction contract disputes, but it is hard to say in the field of labor. up.

Originally, there was no need for her to come forward for this kind of small case. If the legal department thinks the case is more complicated, it can directly entrust it to a lawyer. Large state-owned enterprises generally have their own legal service database, and Curry's law firm is watching eagerly. To take business.

However, the lawsuit by Yu Dezhi and others involved more than 100 million yuan. The construction company is a large state-owned enterprise. The big leaders at the top were afraid that the impact would be bad, so they asked the legal department to follow up the trial of the case.

She is the new general manager of the legal department, and she came up just in time for the trial of Yu Dezhi's case. She wanted to give the leader a good impression, so she stopped the trial.

According to her understanding, this kind of labor dispute case is just a matter of going through the procedure. Anyway, the resignation proposed by the employee has a good chance of winning the case.

"Okay, the court session will start now. Please state the plaintiff's claims, facts and reasons." The big-eared male judge sitting above said routinely with a blank expression.

"The plaintiff's lawsuit requests, first, request the court to order the defendant to pay the plaintiff an economic compensation of 11 yuan. Second, the litigation costs of this case shall be borne by the defendant.

Facts and reasons: The plaintiff joined the defendant company on January [-], [-], and worked until December [-], [-], with a monthly salary of [-] yuan before resignation.

Since May [-], [-], the defendant notified the plaintiff to participate in the company's one-month training activities, but before the training was completed, the defendant notified the plaintiff again to carry out the training. The plaintiff was notified once to carry out training. As of the date of the plaintiff's resignation, the defendant's training period for the plaintiff was as long as six months and ten days.

During the training period, the defendant only paid the plaintiff the minimum wage, and did not pay wages according to the labor contract.Because the defendant did not provide labor conditions for a long time, the defendant was forced to resign.

The plaintiff believed that the defendant's training behavior involved malicious training, and its purpose was to force the plaintiff to resign. Therefore, in order to protect the legitimate rights and interests of the plaintiff, the plaintiff asked the court to rule in accordance with the law and support the plaintiff's claim.

complete! After Wang Chuan read the indictment, he looked at the judge.

"The defendant is going to defend!" the fat male judge said lightly.

"Defendant disagrees with plaintiff's claim.

First, the plaintiff resigned voluntarily, and the defendant did not force the plaintiff to resign.Secondly, the training is to better enable employees to provide labor for the company, which is a manifestation of the defendant's legitimate exercise of management rights.

Finally, the plaintiff signed and confirmed that wages will be paid according to the minimum wage standard during the training period. If the two parties have agreed, the court should respect the agreement between the two parties, and the rights and obligations of both parties shall be subject to the agreement.

The defense is over! " said the legal commissioner.

"Plaintiff, present evidence!" said the fat male judge.

"The first piece of evidence, the labor contract, proves that the plaintiff has worked for the defendant for 13 years since he entered the job in [-].

The second piece of evidence, the resignation certificate, proves that the time when the defendant proposed to resign was December [-], [-].

The third piece of evidence, the salary slip, proves that before the plaintiff participated in the training, the salary standard for normal work was [-] yuan per month.

The fourth piece of evidence, the training notice, proves that the defendant served four training notices to the plaintiff successively, and the training started on May [-], [-].

The proof is over! "Wang Chuan said.

"The defendant cross-examines!" The fat male judge glanced at the dock and said.

The first piece of evidence, labor contract, authenticity, legality, relevance recognition.

The second piece of evidence, the resignation certificate, is authentic, legal, and relevant. This resignation certificate was issued by the defendant based on the plaintiff's resignation application.

The third piece of evidence, the salary slip, is acceptable, but it can only prove the salary before the training, not the salary during the training period. According to the agreement between the two parties, the salary during the training period is [-] yuan.

The fourth piece of evidence, the training notice, is approved by us.

The defense is over. " said the Legal Commissioner.

"It's up to the defendant to present evidence!" said the fat male judge.

"The first piece of evidence, the plaintiff's resignation application, proves that after the plaintiff proposed to resign, the defendant agreed to his resignation.

The second piece of evidence is the document signed by the plaintiff on the wage standard during the training period, which proves that the plaintiff and the defendant have reached an agreement on the payment of wages during the training period.

The proof is over! " said the legal commissioner.

"The plaintiff cross-examines evidence!" The fat male judge looked at the evidence.

"The first piece of evidence is recognized for its authenticity, legality and relevance. The authenticity and relevance of the second piece of evidence is recognized, but its legality is not recognized, nor is its purpose of proof.

At that time, the plaintiff was an employee of the defendant, and the defendant required all trainees to sign a confirmation document on salary payment. If they did not sign, all bonuses from the previous month would be withheld.

The plaintiff belongs to a disadvantaged group, and if he did not sign the agreement, he could not get the bonus of the previous month. In order not to lose his own interests, the plaintiff was forced to sign the above-mentioned documents.

Cross-examination is complete! "Wang Chuan said.

"You just said that you were forced to sign salary documents. Is there any evidence to prove it?" asked the fat male judge.

"No, this is what the defendant's personnel officer said when he asked them to sign the document, and the plaintiff has no evidence to prove it." Wang Chuan said.

"Defendant, why do you want to train the plaintiff? Is it only for him?" asked the fat male judge.

"The company's training is not aimed at the plaintiff alone, and many people are also trained at the same time. The defendant's business is mainly engineering. In order to strengthen the management of employees and prevent risks in the construction process, the plaintiff and others have been trained. .” The legal commissioner thought for a while.

"What is the content of your training? Do you have any training records?" The fat male judge asked.

"Yes, we have a sign-in and training content introduction for each training." After the legal commissioner finished speaking, he submitted a thick training record to the judge.

"In order to prevent construction risks, you have provided indefinite off-the-job training for employees, right? Defendant!" The fat male judge's eyes were full of surprise, as if to say: I believe you are the only one who burns newspapers on the grave What a fool!
(End of this chapter)