Grassroots lawyers also have spring

Chapter 697 Malicious training!

"Ah! It can also be understood in this way! We are a state-owned enterprise, and this is also a necessary measure to strengthen internal management according to the requirements of the safety supervision department."

After finishing speaking, the legal officer made eye contact with Mr. Luo, who was beside him, and continued: "There is no law that prohibits us from conducting off-the-job training for employees! There is no regulation on the training period!"

"Defendant, you have been training for such a long time, do you have a training plan?" asked the fat male judge.

"Yes, our plan is to train safety regulations and employee handbooks." The legal commissioner said.

"Submit a copy of the training plan to me." The fat male judge said.

"Because the content of the training is relatively simple, there is no written training plan." The legal commissioner said.

"Then do you have any work arrangements for employee training approved by the company meeting? Submit a copy of the meeting minutes." The fat male judge said.

"No, this is a temporary arrangement. The company has no meeting minutes." After muttering to Mr. Luo, the legal officer said.

What a joke, the purpose of this employee training is not pure, how could it be decided through a formal meeting!If the guys from the trade union who drink tea and read the newspaper see it, it will definitely be a lot of trouble.The HR department doesn't want to ask for trouble.

"Then do you have a post-training assessment plan?" asked the plump male judge.

"No, no assessment is arranged for this training, as long as the training is completed, no assessment is required." The legal officer said firmly.

Mr. Luo, who was sitting by the side, seemed to realize something, and his face became more and more ugly.

"Plaintiff, look at the training records, do you agree?" Seeing that the defendant had nothing, the fat male judge handed the training records submitted by the defendant to Wang Chuan.

"We recognize the training records, but we do not recognize the authenticity of the training content. When the plaintiff participated in the training before, it was just a formality at the beginning. The company only distributed a few training materials and locked the employees who needed training in the room. No one explained it at all.

Later, the defendant was unwilling to leave the formalities, and asked the plaintiff and others to "study by himself" in the house in the name of training.

Moreover, the content of this training document is all about safety knowledge, and the content of the employee handbook does not have any special training content. According to this training record, the training content recorded does not need to be studied for more than six months.Even for off-the-job training, one week is enough.

In addition, the company's goal is to make profits. It is impossible to give employees such a long time for off-the-job training, let alone extend it indefinitely.

Therefore, the defendant's training of the plaintiff was unreasonable. There can only be one explanation for this abnormal behavior, that is, the defendant wanted to dismiss the plaintiff but did not want to lose money, so he adopted such despicable means to force the defendant to resign. "Wang Chuan said.

"Plaintiff, how is the financial compensation calculated?" asked the fat male judge.

"The plaintiff has worked for the defendant for 13 years. According to the provisions of the Labor Contract Law, the defendant shall pay one month's wages for each full year. The defendant shall pay the plaintiff [-] months' wages.

In addition, the defendant’s normal wages in the twelve months before leaving the company were 11 yuan, and the amount of economic compensation was [-] yuan when the [-] yuan was multiplied by the [-] months. "Wang Chuan said.

"The defendant believes that the plaintiff's calculation method is wrong. The average salary of the plaintiff in the [-] months before resignation is not so high. The salary of the plaintiff in the six months before resignation is [-] yuan, which cannot be calculated according to [-] yuan." Legal Counsel Hastily said.

Mr. Luo, who was sitting by the side, looked confused. She was not good at labor law, so she knew nothing about the calculation method of economic compensation.On the contrary, the legal commissioner often handles labor dispute cases and is very familiar with the calculation of economic compensation.

"Economic compensation is calculated based on the employee's average salary in the [-] months before leaving the company as the base. However, the defendant in this case deliberately lowered the plaintiff's salary during the training period. If the calculation is based on [-] yuan, it is obviously not conducive to the plaintiff. Therefore, the plaintiff believes that It should be based on the normal salary level, that is, [-] yuan, to calculate the economic compensation is reasonable." Wang Chuan said.

……

"Plaintiff, make the final statement." The fat male judge looked away from the case file and looked up at Wang Chuan with a tired face.

"...According to Article 60 of the Labor Law No.[-], employers have the statutory obligation to establish a practice training system. The purpose of employee training should be to expand employees' technical and business knowledge, provide practical operational capabilities, and improve the overall quality of employees.

However, the employer in this case had neither a training plan nor an assessment method during the training process, and also extended the training time many times, and paid wages far below the normal wage level.Therefore, the training conducted by the defendant was only in the name of training, but without the reality of training, which was completely malicious and false training.

The defendant used this method to not provide labor conditions in accordance with the labor contract, to idle the labor force in a disguised form, and to force the laborers to leave their jobs in order to achieve the goal of not paying economic compensation.

It can be seen that the purpose of the training conducted by the defendant was to force the plaintiff to leave his job, which was obviously malicious.

According to Article 30 of No. [-] of the "Labor Contract Law", if the employer fails to provide labor protection or working conditions in accordance with the labor contract, the employee may terminate the labor contract, and the employer shall pay economic compensation.

To sum up, the defendant should pay economic compensation to the plaintiff, and the court should support the plaintiff's claim in accordance with the law. "Wang Chuan said.

When he walked out of the gate of the court, Wang Chuan looked at his mobile phone. It was already 01:30 in the afternoon. He did not expect that the court would last for such a long time.

At this moment in the law firm, Feng Zheng ran to Wang Chuan's office for the third time to take a look.

"Feng Lu, Wang Lu hasn't come back yet." Du Wenhui heard the footsteps, looked up and saw Feng Zheng, and said, "What's the matter?"

"It's okay. Didn't Wang Lv ask us to recommend a lawyer? I have an old colleague who called me yesterday and said he wanted to change the law firm. I would like to recommend Wang Lv." Feng Zheng said.

"Oh, when Wang Lu comes back, I'll send you a WeChat message. You don't have to run back and forth." Du Wenhui smiled.

Feng Zheng's work station is a certain distance from Wang Chuan's office. In the morning, he went to the rest area to make tea. When he passed by Wang Chuan's office, he saw the door was open, so he took a look inside, but he didn't see Wang Chuan.

At noon, he went again, but still saw no one.Later, Yue Shan told him that Wang Chuan had gone to court.

In the afternoon, Feng Zheng ran over again, Du Wenhui felt strange and asked.

"Okay, thank you!" Feng Zheng was about to turn around and leave when a familiar figure appeared in front of him.

(End of this chapter)