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Chapter 704 The objective situation has changed?

"The plaintiff requested that the defendant revoke the dismissal notice, restore the labor relationship between the two parties, and continue to perform the labor contract; in addition, the plaintiff should be repaid the wages from the date of dismissal to the date of resuming the labor relationship." Wang Chuan said.

"Defendant, what about you?" the fat male judge asked.

"We cannot agree to this condition! We can pay the plaintiff economic compensation according to the law and terminate the labor relationship." The young male lawyer immediately said.

"Then there's no need to talk about it anymore." Wang Chuan said firmly.

"Since the two of you can't reach an agreement, we're now in court." The fat-headed, big-eared male judge finished speaking and rang the gavel: "Plaintiff, state the claims, facts and reasons."

"Claims: 12. To order the defendant to revoke the labor contract termination notice it sent and continue to perform the labor contract it signed with the plaintiff; 2 yuan per month (2 yuan per month); [-]. Repayment of wages from June [-] to the date of resumption of labor relations (calculated at [-] yuan per month); [-]. The litigation costs of this case are Defendant bears.

Facts and reasons: On August [-], [-], the plaintiff joined the construction company and signed a three-year labor contract.

In February [-], the defendant sent the plaintiff to the project company in Zhejiang Province as the general manager.In November of the same year, the project was completed.

Since then, the plaintiff has repeatedly contacted the defendant about returning to work in the company, and the defendant has been asking the plaintiff to wait for news on the grounds of post adjustment.On December [-] of the same year, the plaintiff received the notice of termination of labor relationship mailed by the defendant.

During the existence of the labor relationship between the two parties, the defendant terminated the labor relationship without reason, which constituted an illegal termination of the labor relationship.In order to protect its legitimate rights and interests, the plaintiff has brought a special lawsuit to your court, and your court is requested to support the plaintiff's claim in accordance with the law.

complete! "Wang Chuan said.

"Defendant pleads!" said the fat male judge
"Defendant disagrees with plaintiff's claim.

The plaintiff used to be an employee of the defendant. In February [-], the defendant sent the plaintiff to the Zhejiang Province project company as the general manager. Later, because the project was completed at the end of the year and the objective situation changed, the defendant dismissed the plaintiff as the general manager. And sent to the plaintiff a notice of termination of labor relations.

The defendant believed that due to changes in objective circumstances, the termination of the labor relationship with the plaintiff was a legal termination.Therefore, I implore the court to dismiss the plaintiff's claim in accordance with the law.

The defense is over! " said the young male lawyer.

"The plaintiff is giving evidence!" said the fat male judge.

"The first piece of evidence, the labor contract, proves that there is a labor relationship between the plaintiff and the defendant. The term of the labor contract is three years from August 2, [-] to August [-], [-]. The monthly salary is [-] yuan.

The second piece of evidence, the notice of termination of the labor relationship, proves that the defendant has terminated the labor relationship between the two parties without reason, which constitutes an illegal termination of the labor relationship.

The proof is over! "Wang Chuan said.

The client, Hu Zhongwang, only wanted to restore the labor relationship and not to compensate for the illegal termination of the labor relationship, so Wang Chuan did not need to provide other evidence.

"The defendant cross-examines!" The fat male judge glanced at the labor contract, then turned to look at the dock.

"The first piece of evidence is authenticity, legitimacy, and recognition of relevance.

The second evidence, authenticity, legitimacy and relevance are all recognized, but the purpose of the proof is not recognized, the defendant terminated the labor relationship between the two parties due to changes in objective circumstances, and there is no illegal termination.

Cross-examination is complete. " said the young male lawyer.

"The defendant presents evidence!" said the fat male judge.

"The first piece of evidence, the company's personnel dispatch form, proves that the employee was transferred by the defendant to the Zhejiang Province project company as the general manager. The plaintiff has worked in the project company for half a year. It should be deemed that the plaintiff agrees to change the work unit. Established a de facto labor relationship with the project company.

The second piece of evidence, the cancellation application document of the project company, proves that the project company is currently being canceled and the objective situation has changed, and the termination of the labor relationship between the defendant and the plaintiff is legal.

The proof is over! " said the young male lawyer.

"Plaintiff, cross-examination!" The fat male judge mechanically advanced the proceedings.

"The authenticity, legality and relevance of the first piece of evidence are recognized, but the purpose of the proof is not. This piece of evidence can only prove that the defendant appointed the plaintiff to the Zhejiang Province project company as the general manager, and cannot change the labor relationship between the two parties. The plaintiff The labor relationship has been at the defendant's place.

The authenticity and legitimacy of the company's cancellation document are recognized in the second piece of evidence, but the relevance is not recognized, and this evidence has nothing to do with this case.Whether the project company is deregistered does not affect the labor relationship between the plaintiff and the defendant.

Cross-examination is complete! "Wang Chuan said.

"Defendant, have you signed the agreement after assigning the plaintiff to the project company?" asked the chubby male judge.

"No, this is the defendant's exercise of legitimate management rights. There are only transfer orders and letters of appointment, and the two parties have not signed an agreement." The young male lawyer said.

"The labor contract has not been changed, has it?" the fat male judge asked.

The young male lawyer glanced at the legal commissioner, who nodded.

"Yes, the labor contract has not been changed." The young male lawyer said.

"Defendant, what is your purpose for setting up the Zhejiang Province project company?" asked the fat male judge.

"The defendant set up the Zhejiang Province project company because the defendant has a construction project in Zhejiang Province. After the project is completed, the project company has no meaning of existence, so it is now canceling." The young male lawyer said.

"That is to say, the duration of the project company has been determined from the very beginning. Once the project is completed, the project company will be deregistered. It is foreseeable that the project company will be deregistered, is that so?" asked the chubby male judge .

"Yes!" said the young male lawyer.

"Attorney for the plaintiff, what position does the plaintiff hold in the defendant's office?" asked the fat male judge

"The plaintiff is just an ordinary manager at the defendant's office. He holds a construction engineer certificate and can serve as a project manager. The plaintiff's position is replaceable. There are many employees like the plaintiff." Except to determine whether the next position is irreplaceable.

"Defendant, is that so?" The fat male judge turned his head to look at the dock.

"Although our company has employees with construction engineer certificates, there are not as many employees as the plaintiff said. They all work on various projects." The legal commissioner said.

"Defendant, what is the plaintiff's salary?" asked the fat male judge.

"It's the [-] yuan per month written in the labor contract." The young male lawyer said.

……

(End of this chapter)