Grassroots lawyers also have spring

Chapter 705
"The plaintiff makes a final statement!" The fat male judge said routinely while flipping through the case file in his hand.

"The labor contract signed between the plaintiff and the defendant is for three years, which has not yet expired. The defendant unilaterally terminated the labor relationship on the grounds of major changes in the objective situation without consulting the plaintiff. This seems to be legal and compliant, but in fact The defendant's claim of 'major changes in objective conditions' is totally untenable, and the defendant is illegally terminated from employment.

Whether it constitutes a major change in the objective situation can be considered from four aspects:

[-]. Objectively, whether there has been a major change;

[-]. Whether the occurrence of such a major change was unforeseen by both the employer and the employee when the labor contract was concluded, or was not foreseeable during the performance of the labor contract, and both parties have no subjective fault;
[-]. Whether the major change occurred during the process of the performance of the labor contract by both parties, that is, the labor contract has not yet expired or has not been terminated;

[-]. Whether the occurrence of major changes has resulted in the inability to perform all or part of the terms of the labor contract, or that continuing to perform would lead to excessively high costs and other obviously unfair situations, making it difficult to achieve the purpose of the labor contract.

According to the statement of the defendant, the completion time of its project in Zhejiang Province is foreseeable, and it should have been stipulated in the construction contract signed with the third party. This is a common situation in the normal operation of the company. The defendant appointed the plaintiff When I went to work as the general manager of the project company in Zhejiang Province, I knew that the project would be completed in November [-].

Therefore, this situation is not sufficient to prove that there has been a major change in the objective circumstances on which the labor contract was concluded.Moreover, before the defendant assigned the plaintiff to the project company in Zhejiang Province, the two parties did not negotiate to change the labor contract.

Therefore, there is no legal basis for the defendant to terminate the labor relationship between the two parties on the grounds of changes in objective circumstances, which is an illegal termination.

In addition, the plaintiff's job position is not an irreplaceable or unique position, the defendant should continue to perform the labor contract with the plaintiff, and ask the court to support the plaintiff's claim according to law. "Wang Chuan said.

"Plaintiff's attorney, please submit your statement in court." The fat male judge saw that the clerk's recording speed was a bit slow and he could not record all Wang Chuan's opinions, so he said.

……

After Wang Chuan signed the transcript of the trial, he walked out of the court. After starting the car, he called Hu Zhongwang and briefly introduced the situation of the next trial.

At the beginning of June, Han Zhou from Xintong Company came to Yuanfang Law Firm suddenly.

"Brother Han, why are you here today? Is there anything the company needs us to deal with?" In the office, Wang Chuan looked at Han Zhou who was sitting opposite him, and asked.

"Hey! Don't mention it, it's not about the company, it's my family's private matter. Is the lawyer Wan Shengwan who went to our company last time in the firm? I have a criminal case and I want him to help!" After finishing speaking, Han Zhou He looked at Wang Chuan with flickering eyes.

"It should be in the office. I'll go over and take a look. You wait a moment." After speaking, Wang Chuan got up and walked to the office next door.

Ten minutes later, Fatty Wan followed Wang Chuan into the office.

"Lawyer Wan, hello! I have to trouble you this time." Seeing Fatty Wan enter the door, Han Zhou immediately stood up, took two quick steps and shook hands with him.

"President Han, what's the matter with you? If I can help, I will do my best to help you." Seeing Han Zhou's serious face, Fatty Wan hurriedly expressed his opinion.

"Brother Han, Brother Wan, it's past eleven o'clock, and it's almost time for dinner, why don't we find a place to eat and talk at the same time," Wang Chuan said.

"Okay, I invite you two today!" Han Zhou looked at his watch and said.

"Don't! Brother Han, if you do this, don't knock on my door next time. How can I invite you to treat me here? Isn't this a slap in the face! I'm the host today." Wang Chuan said seriously.

"Okay, it's up to you. I will invite you next time I go to Shishi!" Hearing Wang Chuan's words, Han Zhou felt warm.

Ever since Mr. Li reshuffled Xintong Company, Wang Chuan has become Mr. Li's right-hand man. For some important legal affairs of Xintong Company, Mr. Li will often consult Wang Chuan first, and then discuss with Han Zhou and others. People hold a meeting to discuss.

And every time Mr. Li brought Han Zhou to the capital, whenever he had time, he would meet and chat with Wang Chuan for a while. Wang Chuan had obviously become Mr. Li's confidant.

Han Zhou originally thought that Wang Chuan's climbing a high branch would make a villain look down on him. He was also prepared to be thrown across the river and the bridge was demolished. In fact, this kind of thing happened before.But in fact, Wang Chuan didn't do this, and he treated Han Zhou as before, which made Han Zhou believe in Zhou Yiqiang's words: Wang Chuan's character is absolutely fine!

Wang Chuan knew that Han Zhou couldn't eat spicy food, so he took them to Liulin Roast Duck Restaurant.Wang Chuan booked a private room on the second floor. The environment in the private room is acceptable. Wang Chuan has been here several times before.

"Mr. Han, what do you want from me?" Fatty Wan asked when Wang Chuan finished ordering and the waiter left the private room.

"Originally, I didn't want to care about this matter, it was my aunt's cousin's business.

You are not outsiders, and I am not afraid of your jokes. My aunt and uncle both worked in state-owned enterprises at the beginning.

My father was the sole breadwinner in our family. My father was a people's teacher, and he couldn't make much money with his dead wages all year round. The few acres of land in the family couldn't produce much food at all.

Later, my mother gave birth to my younger sister, and my father was punished by the school for wanting to have a second child, and his salary was not raised for two consecutive years.

My aunt's family always looked down on us because my family had a hard life.When I was eight years old, my sister was sick and needed to pay the hospitalization fee. My mother took me to my aunt’s house to borrow the hospital fee for my sister. My aunt said nothing with a cold face.

Later, my mother knelt down and cried to beg her, but she still refused to borrow it, and said coldly: lending money to your family is tantamount to wasting money!You pay it back!

Seeing my aunt being so cold-blooded, my mother wiped away her tears, pulled me back without saying a word, and left her house.My uncle couldn't see it, so he sneaked out and gave us 100 yuan.

My uncle is afraid of guilt and has bronchitis. Although he usually ignores us, but at least he has a little human touch. I know that the one hundred yuan is all the funds he can use.

Later, my father borrowed money from the school principal's house to pay for my sister's hospitalization. Since then, my family has not eaten meat for three years, and we tightened our belts to make money to pay off the famine. "Han Zhou thought of the sad things he had done, with a complicated expression and dim eyes.

"Brother Han, don't be too sad, everything is over!" Wang Chuan comforted.

"Well, my mother has no education. When I was young, she often used this to educate me and my sister. We have to fight for one breath in our life. We must not be looked down upon by others!" Han Zhou nodded.

(End of this chapter)