Grassroots lawyers also have spring
Chapter 703 Why is it here again!
Chapter 703 Why is it here again!
"The salary of the construction company is very good. I want to continue working there. The contract has not yet expired." Hu Zhongwang nodded.
"Well, when you were sent to work in the project company, did your labor relationship change? Did you sign another labor contract or other supplementary documents?" Wang Chuan asked.
"No, it was all internal transfers at that time. We went to the project company according to the company's requirements, and everything was paid by the head office. I was a member of the head office. The project company was just a shell, and generally it didn't exist for a long time. After the project is completed, it will be canceled." Hu Zhongwang said.
"Well, according to the materials you provided, I personally feel that the construction company is suspected of illegally terminating the labor relationship. What was your previous position in the construction company?" Wang Chuan asked.
"I'm a project manager. Does this have anything to do with my case?" Hu Zhongwang asked.
"If your position in the company is irreplaceable, such as the general manager, the person in charge of finance, etc., once you are replaced by someone else, it is impossible for the court to rule that the company will dismiss the person who has already taken up the position and you will continue to hold the position. Under such circumstances, it is difficult for the court to support your claim to continue to perform the labor contract.
Under normal circumstances, the court will explain during the trial process, allowing you to change the claim. " Wang Chuan explained
"Oh, my position is not irreplaceable. I am just an ordinary employee. Whether I am present or not does not affect others. Others do not affect me." Hu Zhongwang said.
"Well, the focus of the dispute in your case is whether it constitutes a change of objective circumstances. I don't think the cancellation of the project company upon expiration can be regarded as a change of objective circumstances. As for how the court will judge, I can't guarantee you.
Your case will start at [-] o'clock in the morning the day after tomorrow. Have you appointed a lawyer? "Wang Chuan asked.
"I didn't entrust. I asked a lawyer to write a complaint for me before. I wanted to go to the court myself. But then I thought it would be more at ease to hire a lawyer. I just heard that you are representing Lao Yu's case, so I just went to the court. Here we come. Look at my case..." Hu Zhongwang looked at Wang Chuan and said.
"We can represent your case. I see that the salary written in your labor contract is 2 yuan. Is this the actual amount?" Wang Chuan asked.
"In addition to the salary written in the contract, I also have a project bonus, but the amount of the bonus is not necessarily, it depends on the project situation." Hu Zhongwang said.
"The amount of money involved in your case is relatively large. The annual income alone is at least 24 yuan. You can also ask the other party to repay the wages from the date of dismissal to the date of resumption of labor relations.
In addition, your labor contract will not expire until next year. If the court supports your claim, the salary plus social security and housing provident fund will be a lot of money!
Therefore, if I represent your case, the lawyer's fee will be at least 2 yuan. "Wang Chuan said.
"Twenty thousand yuan!" Hu Zhongwang hesitated.
"Old Hu, Lawyer Wang is absolutely reliable, if a lawyer tells you now that you will win this case, would you dare to entrust it?
You ask the lawyer to give you a guarantee to try!I can assure you that no lawyer will represent you in your case, only you.
Those lawyers who pat their chests talk about it with their mouths, and let them fall on the paper, they definitely don't dare! Seeing that Hu Zhongwang hesitated, Yu Dezhi persuaded him.
Hu Zhongwang pondered for a moment and said: "Yes, but I have a request, and lawyer Wang must represent my case."
"No problem." After Wang Chuan finished speaking, he turned to Yue Shan to prepare the entrustment procedures, and then made a copy of the case materials.
Twenty minutes later, Hu Zhongwang swiped his card to pay the lawyer's fee, and left the law firm with Yu Dezhi with the invoice.
"Yue Shan, when will your lawyer's certificate be issued?" Wang Chuan asked Yue Shan.
"I don't know, all the application materials have been handed in, and they are waiting in line for an interview. It is estimated that it will be more than a month." Yue Shan said.
Now her status is rather embarrassing, she has already handed in her trainee lawyer certificate, and she is waiting to become a regular and get a red book.Now she is neither a trainee lawyer nor a lawyer. She can't go to court, can't hold court, and can only do some non-litigation work in the firm.
"Well, during this period of time, you should follow Lawyer Du to provide legal services to the consulting unit." Wang Chuan said.
"How is Miss Wu? When will she give birth?" Yue Shan asked.
When she was in the court before, she had a good relationship with Wu Hongyan, and after she entered Yuanfang Law Firm, she kept in touch with Wu Hongyan. Although not everyone knew about Wu Hongyan's pregnancy, they couldn't hide it from her.
"The doctor said that the expected date of delivery is the end of August or the beginning of September. The file has been established, and I have to go for a check-up every month." Wang Chuan whispered.
"When the time comes, Sister Wu will give birth, you have to tell me." Yue Shan said.
"Definitely!" Wang Chuan said with a smile.
At [-] o'clock in the morning, the trial of Hu Zhongwang's labor dispute case began. Wang Chuan arrived outside the court very early. As soon as the gate of Haidian court opened, he queued up to pass the security check and entered the eighth trial chamber of Haidian court.
There is a man and a woman sitting in the dock. The man is a young lawyer. He may think that the case is relatively simple and it is not worth using a senior lawyer, or the agency fee is relatively low, so the law firm only sent a young lawyer to represent the case. , to appear in court.
The woman is Wang Chuan's old acquaintance, the female legal officer of the construction company.Seeing that the agent sitting across from her was Wang Chuan again, she secretly cursed "unlucky".
The previous case of the security guard asking for overtime pay has been judged. Although the leader didn't say anything, she could clearly feel the dissatisfaction of the above.
After the trial of Yu Dezhi's case was over, she had another ominous premonition.She didn't expect to encounter today's case again, and she already had a faint look of fear on her face, but fortunately, there was an external lawyer by her side, and she was only here today to make soy sauce.Thinking of this made her feel a lot easier.
At this moment, footsteps sounded at the door of the court, and a fat male judge walked in.Wang Chuan laughed at the first sight, what a coincidence today, they are all acquaintances.The judge who walked in was the male judge who tried Yu Dezhi's labor dispute case.
The fat male judge sat on it and looked at the plaintiff and the defendant, then frowned: Why did it happen again!
"Defendant, this time is your construction company's case again?" The fat male judge asked intentionally or unintentionally while flipping through the case files.
"Ah! Yes, it's our construction company's case again." The legal officer said awkwardly.
"Plaintiff and defendant, can you mediate?" The fat male judge looked at Wang Chuan, the legal commissioner and the young lawyer beside her.
Wang Chuan did not expect the judge to talk about mediation first: "Agree to mediate!"
"Defendant, what about you?" The fat male judge looked towards the dock.
"We also agree to mediate!" said the young male lawyer.
"Plaintiff, tell me your mediation opinion? What's your condition?" asked the fat male judge.
(End of this chapter)
"The salary of the construction company is very good. I want to continue working there. The contract has not yet expired." Hu Zhongwang nodded.
"Well, when you were sent to work in the project company, did your labor relationship change? Did you sign another labor contract or other supplementary documents?" Wang Chuan asked.
"No, it was all internal transfers at that time. We went to the project company according to the company's requirements, and everything was paid by the head office. I was a member of the head office. The project company was just a shell, and generally it didn't exist for a long time. After the project is completed, it will be canceled." Hu Zhongwang said.
"Well, according to the materials you provided, I personally feel that the construction company is suspected of illegally terminating the labor relationship. What was your previous position in the construction company?" Wang Chuan asked.
"I'm a project manager. Does this have anything to do with my case?" Hu Zhongwang asked.
"If your position in the company is irreplaceable, such as the general manager, the person in charge of finance, etc., once you are replaced by someone else, it is impossible for the court to rule that the company will dismiss the person who has already taken up the position and you will continue to hold the position. Under such circumstances, it is difficult for the court to support your claim to continue to perform the labor contract.
Under normal circumstances, the court will explain during the trial process, allowing you to change the claim. " Wang Chuan explained
"Oh, my position is not irreplaceable. I am just an ordinary employee. Whether I am present or not does not affect others. Others do not affect me." Hu Zhongwang said.
"Well, the focus of the dispute in your case is whether it constitutes a change of objective circumstances. I don't think the cancellation of the project company upon expiration can be regarded as a change of objective circumstances. As for how the court will judge, I can't guarantee you.
Your case will start at [-] o'clock in the morning the day after tomorrow. Have you appointed a lawyer? "Wang Chuan asked.
"I didn't entrust. I asked a lawyer to write a complaint for me before. I wanted to go to the court myself. But then I thought it would be more at ease to hire a lawyer. I just heard that you are representing Lao Yu's case, so I just went to the court. Here we come. Look at my case..." Hu Zhongwang looked at Wang Chuan and said.
"We can represent your case. I see that the salary written in your labor contract is 2 yuan. Is this the actual amount?" Wang Chuan asked.
"In addition to the salary written in the contract, I also have a project bonus, but the amount of the bonus is not necessarily, it depends on the project situation." Hu Zhongwang said.
"The amount of money involved in your case is relatively large. The annual income alone is at least 24 yuan. You can also ask the other party to repay the wages from the date of dismissal to the date of resumption of labor relations.
In addition, your labor contract will not expire until next year. If the court supports your claim, the salary plus social security and housing provident fund will be a lot of money!
Therefore, if I represent your case, the lawyer's fee will be at least 2 yuan. "Wang Chuan said.
"Twenty thousand yuan!" Hu Zhongwang hesitated.
"Old Hu, Lawyer Wang is absolutely reliable, if a lawyer tells you now that you will win this case, would you dare to entrust it?
You ask the lawyer to give you a guarantee to try!I can assure you that no lawyer will represent you in your case, only you.
Those lawyers who pat their chests talk about it with their mouths, and let them fall on the paper, they definitely don't dare! Seeing that Hu Zhongwang hesitated, Yu Dezhi persuaded him.
Hu Zhongwang pondered for a moment and said: "Yes, but I have a request, and lawyer Wang must represent my case."
"No problem." After Wang Chuan finished speaking, he turned to Yue Shan to prepare the entrustment procedures, and then made a copy of the case materials.
Twenty minutes later, Hu Zhongwang swiped his card to pay the lawyer's fee, and left the law firm with Yu Dezhi with the invoice.
"Yue Shan, when will your lawyer's certificate be issued?" Wang Chuan asked Yue Shan.
"I don't know, all the application materials have been handed in, and they are waiting in line for an interview. It is estimated that it will be more than a month." Yue Shan said.
Now her status is rather embarrassing, she has already handed in her trainee lawyer certificate, and she is waiting to become a regular and get a red book.Now she is neither a trainee lawyer nor a lawyer. She can't go to court, can't hold court, and can only do some non-litigation work in the firm.
"Well, during this period of time, you should follow Lawyer Du to provide legal services to the consulting unit." Wang Chuan said.
"How is Miss Wu? When will she give birth?" Yue Shan asked.
When she was in the court before, she had a good relationship with Wu Hongyan, and after she entered Yuanfang Law Firm, she kept in touch with Wu Hongyan. Although not everyone knew about Wu Hongyan's pregnancy, they couldn't hide it from her.
"The doctor said that the expected date of delivery is the end of August or the beginning of September. The file has been established, and I have to go for a check-up every month." Wang Chuan whispered.
"When the time comes, Sister Wu will give birth, you have to tell me." Yue Shan said.
"Definitely!" Wang Chuan said with a smile.
At [-] o'clock in the morning, the trial of Hu Zhongwang's labor dispute case began. Wang Chuan arrived outside the court very early. As soon as the gate of Haidian court opened, he queued up to pass the security check and entered the eighth trial chamber of Haidian court.
There is a man and a woman sitting in the dock. The man is a young lawyer. He may think that the case is relatively simple and it is not worth using a senior lawyer, or the agency fee is relatively low, so the law firm only sent a young lawyer to represent the case. , to appear in court.
The woman is Wang Chuan's old acquaintance, the female legal officer of the construction company.Seeing that the agent sitting across from her was Wang Chuan again, she secretly cursed "unlucky".
The previous case of the security guard asking for overtime pay has been judged. Although the leader didn't say anything, she could clearly feel the dissatisfaction of the above.
After the trial of Yu Dezhi's case was over, she had another ominous premonition.She didn't expect to encounter today's case again, and she already had a faint look of fear on her face, but fortunately, there was an external lawyer by her side, and she was only here today to make soy sauce.Thinking of this made her feel a lot easier.
At this moment, footsteps sounded at the door of the court, and a fat male judge walked in.Wang Chuan laughed at the first sight, what a coincidence today, they are all acquaintances.The judge who walked in was the male judge who tried Yu Dezhi's labor dispute case.
The fat male judge sat on it and looked at the plaintiff and the defendant, then frowned: Why did it happen again!
"Defendant, this time is your construction company's case again?" The fat male judge asked intentionally or unintentionally while flipping through the case files.
"Ah! Yes, it's our construction company's case again." The legal officer said awkwardly.
"Plaintiff and defendant, can you mediate?" The fat male judge looked at Wang Chuan, the legal commissioner and the young lawyer beside her.
Wang Chuan did not expect the judge to talk about mediation first: "Agree to mediate!"
"Defendant, what about you?" The fat male judge looked towards the dock.
"We also agree to mediate!" said the young male lawyer.
"Plaintiff, tell me your mediation opinion? What's your condition?" asked the fat male judge.
(End of this chapter)
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