Grassroots lawyers also have spring

Chapter 740 Ding Jie
"Her temperament! And she gave me a feeling of not being angry and arrogant. Although this feeling is very light, it can't be faked. She should be a leader, but she has been working for a long time. This kind of temperament It was revealed inadvertently! Commonly known as 'official authority'." He Fang said.

"I can't see it, you little girl is still doing the same thing, where did you learn it from?" Xiao Guo laughed in a low voice, making He Fang feel a little embarrassed.

"Our county is a poverty-stricken county, and there are often big leaders from above who come over to ask about their health, take pictures and take photos. Those people have this kind of vigor. But their style is much bigger than hers!" He Fang said embarrassedly.

"Hi, Ms. Ding, I'm Wang Chuan. This is Lawyer Yue." Wang Chuan walked into the meeting room and introduced.

"Lawyer Wang, lawyer Yue, hello. Sorry, I'm late! My name is Ding Jie, and I'm the general manager of the legal department of GM Hotel. This is my assistant, Fang Yajuan." The woman smiled.

"How did Boss Ding know my phone number?" After sitting down, Wang Chuan asked with a smile.

"It was the general manager of our big hotel who called me. He is very familiar with the senior manager of XX Hotel." Ding Jie smiled.

"Manager Gao! Oh, their hotel is our client, and we have cooperated for several years." Ding Jie's words solved the doubts in Wang Chuan's mind.

It turned out that the business was introduced by Manager Gao. Regardless of whether you can take over the case later, you should call Manager Gao after you are done and explain the situation. .

"Mr. Ding, you said that you wanted to consult about labor issues? Can you tell me the specific situation, and it is best to provide some materials so that we can provide you with consulting services." Wang Chuan said.

"We'll bring the materials." After finishing speaking, Ding Jie turned to look at the assistant: "Xiaofang, show the materials to Lawyer Wang and Lawyer Yue."

"Lawyer Wang, here's the thing. Our GM Hotel is located in Guomao. There is a CHI spa in our hotel, which provides leisure services for our guests.

There are many technicians in the spa, including a Chinese medicine technician named Liu.This Technician Liu has a very good technique. She has worked in the old cadre building of a tertiary hospital for many years and is good at acupuncture, massage, physical therapy and other traditional Chinese medicine techniques.

Our GM Hotel has a cooperative relationship with her, and we also signed the "Labor Service Agreement".But in order to keep the spa running, we use a 24-hour shift system.

She prepares the tools and supplies needed for the service by herself, and her service remuneration is distributed according to the proportion agreed in the "Labor Service Agreement".Our hotel has always paid her revenge in this way.

But in January of this year, she got into a petty dispute with one of our hotel spa supervisors, and when the labor agreement expired, we didn't renew her.

She applied for labor arbitration to the Chaoyang Labor Arbitration Commission in March, but the Labor Arbitration Commission ruled that the case was not a labor dispute and refused to accept it.

She went to the Chaoyang Court to sue our hotel, and the Chaoyang Court notified us that the court session would be held at 01:30 next Monday.

Our general manager learned from Manager Gao that your firm is good at handling labor cases, so let me come here to consult you and listen to your opinions. " Ding Jie said.

The Chinese medicine technicians at GM Hotel all signed the "Labor Service Agreement". If the case is lost, the technicians will sue the hotel for money when they leave in the future. This is what the hotel does not want to see.So out of prudence, the hotel asked Ding Jie, the general manager of the legal department, to consult with several lawyers who are good at labor business, including Wang Chuan, who was recommended to her by the general manager.

"In addition to signing the "Labor Service Agreement" with Technician Liu, has your hotel signed other agreements? Or have you issued any supporting documents to her?" Wang Chuan asked after putting down the materials in his hand.

"No, we only signed the "Labor Service Agreement" with her, and there are no other documents." Ding Jie said.

"Have you ever sent her a salary slip? Or paid her social security?" Wang Chuan then asked.

"Our hotel management is still very strict. She has not received social security, nor has she been issued a salary slip. Every month we will reconcile with her and issue a statement. The contents of the statement are the service times and The amount, and the service fee she deserves. Nothing else." Ding Jie said.

"Mr. Ding, who manages the technicians in the spa on a daily basis and how? Do you understand?" Wang Chuan asked.

"Because the spa needs technicians to be there every day, we will schedule them and then monitor their service quality. When there is nothing wrong, they will wait in a fixed place, and we will not manage the rest." Mr. Ding said.

"Does the hotel's daily management system apply to Technician Liu?" Wang Chuan asked.

"Not applicable. We only supervise the technicians. As long as they don't do anything harmful to the hotel, we don't care about checking mobile phones, chatting or doing other things. The time is freely arranged by them."

"I see that the other party has a lot of claims!

[-]. Confirm the labor relationship between the two parties; [-]. Request the payment of compensation for illegal termination of the labor relationship; [-]. Request payment of double the wage difference of the unsigned labor contract; [-]. Pay the wages owed, overtime pay, and annual leave wages ...

In fact, these claims of the other party are all based on the existence of labor relations between the two parties. If there is no labor relationship between the two parties, then all the claims of the other party will lose their legal basis and will not be supported by the court.

Judging from the materials, the relationship between your hotel and Technician Liu should not be a labor relationship. "Wang Chuan analyzed.

"But before we consulted lawyers, some said that we arranged shifts for technicians Liu and arranged for them to provide services, which belonged to the actual management of technicians Liu, and the relationship between the two parties should be regarded as a de facto labor relationship." Ding Jie looked at the assistant Fang Ya. Juan, the latter immediately understood, said.

"This cannot be said in the same way. The service industry such as the spa opened in the hotel is different from the employment management mode of other industries. For the safety of the guests' personal and financial safety, your hotel will carry out the necessary management and maintenance of the service personnel of the spa. Normal order is what it should be.

From this point of view, your hotel's unified supervision and management of technicians and unified arrangement of management behaviors are to maintain the order of the hotel and to ensure the quality of service.

This is different from the management of general enterprises, which has obvious industry characteristics.

Therefore, I don't think that the relationship between your hotel and Technician Liu is a labor relationship when the above-mentioned behaviors only exist. " Wang Chuan explained.

"Lawyer Wang, if we entrust you to represent us in this case, how much will the lawyer's fee be?" Ding Jie smiled.

"The other party claimed a total of 23 yuan in your case. If your hotel entrusts us to represent this case, the lawyer's fee for the first trial stage is 1 yuan. If there is a second trial, the lawyer's fee for the second trial is 6000 yuan. Each procedure is billed separately. "Wang Chuan said.

(End of this chapter)