Grassroots lawyers also have spring

Chapter 743
"Application matters: [-]. Request to confirm the labor relationship between the plaintiff and the defendant from February [-] to February [-]; [-]. Request to order the defendant to pay compensation to the plaintiff for the illegal termination of the labor relationship ..." The old lawyer stated impassionedly.

"The defendant defends." After the old lawyer finished speaking, the short-haired female judge said indifferently.

"The defendant disagrees with the plaintiff's claim. The relationship between the defendant and the plaintiff is not a labor relationship, but a labor service relationship. Therefore, the plaintiff's above-mentioned claims have no legal basis. I request the court to reject the plaintiff's claims in accordance with the law. The defense is over!" Yue Shan replied.

"The plaintiff presents evidence!" said the short-haired female judge.

"The first piece of evidence, the Employment Agreement, proves that Plaintiff worked at Defendant's spa.

The second piece of evidence, the defendant's roster, proves that the defendant actually managed the plaintiff.

The third piece of evidence, bank transfer records, proves that the defendant pays the plaintiff monthly wages, and the two parties are in an employment relationship.

The proof is over! " said the old lawyer.

"The defendant cross-examines!" the female arbitrator said.

"The first piece of evidence, we recognize the authenticity, legality and relevance of the "Labor Service Agreement", but the purpose of the proof is not. This piece of evidence can just prove that the two parties are in a cooperative relationship and there is no labor relationship.

The second piece of evidence, the schedule, is recognized for its authenticity, legality and relevance, but not for the purpose of proof.The schedule is only for the convenience of the technicians in the spa to provide services to the guests, and it is just to maintain order, so that all the technicians have the opportunity to make money, so as not to cause chaos.The daily work of the technicians is not managed by the hotel, and this evidence cannot prove that the respondent actually manages the claimant.

The third-party evidence, the bank transfer record, the defendant recognized it, but the amount recorded in the record was labor service fees, not wages. It was labor remuneration paid by the defendant to the plaintiff in accordance with the "Labor Service Agreement", which could not prove the existence of a labor relationship between the two parties.

Cross-examination is complete! "Wang Chuan said.

"The defendant presents evidence!" After listening, the short-haired female judge continued after looking at the materials in her hand.

"The defendant has only one piece of evidence: the statement of cooperation expenses. This evidence is the proof of the defendant's payment of labor fees to the plaintiff. This evidence shows the number of times the plaintiff provided acupuncture and massage services and the amount of service fees for customers in that month. The amount of taxes and fees is also the same. The plaintiff is aware of the fact that the withholding is carried out according to the labor service, which proves that the two parties have a labor service cooperation relationship, and the payment is labor service fees rather than wages.

The proof is over! " Yue Shan said.

Before the trial, Wang Chuan and Yue Shan divided the work. Wang Chuan was in charge of cross-examination, and Yue Shan was in charge of relatively simple proof.

"The plaintiff cross-examines!" the short-haired female judge said.

"We do not recognize the evidence provided by the defendant. The defendant took advantage of the applicant's disadvantage of not knowing the law and taxation, and fabricated the statement of his own, in order to avoid the actual labor relationship between the two parties." The old lawyer said.

"Plaintiff's agent, do you agree with the plaintiff's signature on the cooperation fee statement?" asked the short-haired female judge.

"Approved!" said the old lawyer.

"Defendant, who provided the tools and supplies that the plaintiff needs to provide services to customers?" asked the short-haired female judge.

"According to the "Labor Service Agreement", the plaintiff should prepare it himself, and in fact it was prepared by the plaintiff himself. The defendant is not responsible for providing it." Wang Chuan said.

"Plaintiff, is that so?" asked the short-haired female judge.

"Yes!" said the old lawyer.

"How long has the plaintiff worked in the defendant's spa? How many times has the contract been signed? Plaintiff's attorney!" asked the short-haired female judge.

"After working for three years, I signed a second agreement. The first one was signed for one year. After the expiration, the two parties signed for another two years." The old lawyer said.

"Is the first signed agreement the same as the second agreement?" the short-haired female judge continued to ask.

"It's the same, they are all standard texts provided by the defendant." The old lawyer said.

"How is the plaintiff's social security paid?" The short-haired female judge asked after looking at the materials.

"The plaintiff's social security is paid by himself," said the old lawyer.

"Defendant, is the above true?" The short-haired female judge looked at Wang Chuan.

"It's true!" Wang Chuan said.

"Plaintiff's attorney, where did the plaintiff work before joining the defendant?" the short-haired female judge asked, flicking her hair.

"I work in a tertiary hospital." The old lawyer said.

"Does the hospital pay social security for the plaintiff? Does it pay wages?" The short-haired female judge looked at the old lawyer.

"The plaintiff is an employee of the hospital. The hospital pays social security for the plaintiff and pays the plaintiff a salary on a monthly basis." The old lawyer didn't turn his head for a while, and didn't know why the short-haired female judge asked this.

"Plaintiff's agent, the "Labor Service Agreement" stipulates the share ratio, settlement method and service time, but does not stipulate fixed wages, overtime pay calculation, social security payment, annual leave, etc. The plaintiff, as a person with full civil capacity, can't Don't you realize that this agreement is different from the previous labor contract?" The short-haired female judge asked the old lawyer without giving the old lawyer time to think.

"The plaintiff doesn't understand the law, so she signs whatever the defendant gives her. She didn't read carefully!" said the old lawyer, scratching the few gray hairs left on his head.

"The plaintiff signed the agreement twice, but didn't read it?

As a person with full capacity for civil conduct, the plaintiff should have the ability to understand and recognize the content of the agreement, and should be responsible for the legal consequences of the documents he signed.Did the plaintiff raise any objections during the performance of the agreement? " asked the short-haired female judge.

"I never mentioned it!" said the old lawyer.

"What about the social insurance? She needs to pay for it. Who will bear her social insurance? Don't tell me that the plaintiff doesn't know who paid the social insurance!" The short-haired female judge looked at the old lawyer and said.

"I'll check this when I go back!" The old lawyer rolled his eyes and said in a low voice.

"Defendant, who is responsible for paying the plaintiff's social security?" the short-haired female judge asked.

"The plaintiff's social insurance defendant doesn't care, it's the plaintiff's own settlement." Wang Chuan said.

"Defendant, did you manage the plaintiff during the performance of the Labor Agreement? What management methods are there?" asked the short-haired female judge.

"The plaintiff is paid according to his work, and the defendant's management of the plaintiff is limited to overall planning and unified management, and the specific form is shift scheduling.

Because there are many technicians in the spa, the defendant must adopt a certain method to arrange their working hours and maintain a normal working order, but this is limited to the arrangement of service hours.

In addition, the defendant has the right to supervise the service quality of the technician for the reputation of the hotel and the interests of the guests, but this supervision is limited to the service situation of the technician, such as complaints from the guests, and the defendant will come forward to coordinate. "Wang Chuan said.

(End of this chapter)