Grassroots lawyers also have spring

Chapter 822

"Is the retrial applicant bound by the FA company's rules and regulations?" The female judge looked at Wang Chuan.

"The applicant for the retrial is the chairman of the FA company. Although he usually needs to go to work on time and does not clock in, his salary will still be deducted for sick leave and personal leave. This is clearly recorded in the salary statement provided during the first trial." Wang Chuan said.

"Respondent, is that so?" asked the female judge.

"We believe that the retrial applicant provides labor services for the respondent, and should obtain corresponding remuneration according to law, but the respondent has the right to supervise the applicant's labor services, so when the retrial applicant does not provide labor services, the respondent naturally has the right to Labor remuneration is not paid.

In addition, from the perspective of the "Company Law", the company appoints directors to exercise statutory powers in accordance with the provisions of the company's articles of association and the resolutions of the shareholders' meeting. The directors agree to serve and carry out entrusted matters in accordance with the law. A trust relationship is formed between the company and the directors.Therefore, we believe that the relationship between the claimant and the respondent is actually an entrusted contract. " said the male lawyer.

Wang Chuan understood that the other party's lawyer wanted to draw the judge's attention to the company law, so as to determine the client relationship between the two parties.Wang Chuan had no objection to the entrustment relationship between the two parties. The other party brought out the "Company Law" and used the entrustment relationship as an issue. If the judge and Wang Chuan continued to debate in this direction, they would definitely be led by the other side.

I have to say that the male lawyer is very smart.

"Retrial applicants, do you have any objections to the facts of the assignment?" the female judge asked.

"We accept the fact that the applicant was appointed by FC Company, a shareholder of FA Company, to serve as the chairman of the board, but the entrustment relationship between the company and the director does not exclude the existence of labor relations between the two parties.

According to the second paragraph of Article 40 of the "Company Law", for a limited company invested and established by two or more state-owned enterprises or two or more state-owned investment entities, the members of the board of directors shall have company employee representatives, and other limited companies may have employee representatives. represent.

The above-mentioned provisions clearly stipulate in legal form that labor relations can be formed between directors and companies, and appointment relations and labor relations are not exclusive and are compatible.

As far as this case is concerned, the applicant did not vacate the position. During his tenure as the chairman, he also served as the legal representative, responsible for the company's financing, external coordination and financial management.

Therefore, in addition to performing the duties of the chairman, the applicant also shoulders other jobs, and his income is the main source of his life, and he himself is also restricted by the company's rules and regulations, which are in line with the constituent elements of the labor relationship.Both parties should be labor relations. "Wang Chuan said.

Didn't you use the "Company Law" as an argument, and I will use the "Company Law" to refute you. Let's see what you do. If there is any big move, just let it go.

"After the retrial applicant is dismissed, will there be a new appointment?" asked the female judge.

Both Wang Chuan and the other party's lawyer said no. This is a fact. Mr. Feng, the applicant for the retrial in the first instance and the second instance, had confirmed that both parties had nothing to dispute.

……

It has to be said that the judges of the Supreme Court have rich experience, and they still have a good way of handling cases. The opposing male lawyer tried several times to guide the judge's thinking in the direction he intended, but the judge didn't take this at all.After several unsuccessful attempts, the opposing male lawyer also gave up the idea of ​​leading the judge by the nose.

After all, the judges of the Supreme Court are all selected and selected and transferred from below. Before they became judges of the Supreme Court, they were all top-notch professionals in their respective courts.After entering the Supreme Court, there were not many cases, and I had plenty of time to study legal issues. Naturally, I was very strong in theory and practice, so how could I be led by the nose by lawyers.

Mr. Feng's case was tried all morning, and the judge tried it in detail, and also gave enough time for the lawyers representing both parties to speak.

By the time Wang Chuan finished signing the transcript of the trial and came out, it was already twelve o'clock at noon.He Bin drove him directly back to the law firm.

Yuanfang Law Firm has more than 80 regular law (perennial legal counsel) clients, and most of them are renewed by old clients. This makes Wang Chuan very pleased that so many years of hard work have not been in vain.

The large number of regular law clients means that the frequency of litigation cases is high. Just after the end of the new year, the second department signed 31 cases.The lawyers in the second department quickly got busy.

On this day, Wang Chuan was about to call Mr. Cao to inquire about the bidding for the relocation project of NV Electronic Instrument Company, but Mr. Cao came to his door unexpectedly!

Seeing Mr. Cao's depressed face, Wang Chuan felt a little bit in his heart. Could it be that the relocation project is a waste of time?

"Mr. Cao, why are you here?" At this time, Mr. Cao's visit was most likely to invite bids for the relocation project, and Wang Chuan pretended to be confused.

"I'm here this time, I'm here to find you specifically for the relocation project." President Cao frowned.

"About the relocation? Are you going to stop moving?" Wang Chuan asked with doubts in his eyes.

"Hey! This matter is a little troublesome. I will tell you this behind closed doors. What I say is like your ear, but you have to keep your mouth shut." Seeing that there was no one else in Wang Chuan's office, Mr. Cao whispered.

"Don't worry, this is my office. If you have anything to say, it's okay to say it. I must be rotten in my stomach, and I will never let it out." Wang Chuan's face was a little serious.

"Originally, I was responsible for the relocation of the four companies under the head office, but before the Spring Festival, the head office suddenly sent a department manager named Zou to NV Electronic Instruments as the vice president, in charge of the relocation.

As a result, the surname Zou made a fuss about the relocation, and both humans and gods were outraged.The head office had no choice but to let me take over the relocation project of NV Electronic Instrument Company. As a result, someone put this matter on my head and kept stumbling me behind my back.After the project was reported, it was very slow and not smooth.

Later, I learned through my relationship that Zou had a background in the head office, and he belonged to Vice President Zhou, who was always the executive vice president.During the bidding process, the quotations of several of your law firms were rejected by Vice President Zhou.

He thinks that this relocation is just a change of place within the imperial capital. It is not that complicated, and there is no need for special placement of employees. The quotation of the law firm is too high, and the lawyer's fee is required to be reduced to less than 100 million.To the outside world, we can only claim that we did not win the bid, and reschedule the bidding a week later. "Mr. Cao said with a look of melancholy.

"Within 100 million? I'm afraid it's a bit difficult! The workload is too much, and group incidents are not allowed. I'm afraid we won't be able to take on this project!" Wang Chuan pondered.

"Who says it's not? More than 800 employees have been relocated as a whole. Now the company's employees are so resistant. During the relocation process, some employees will be reduced. I am afraid that even if someone takes this job, they will wait for the subsequent lawsuit to earn legal fees. .” Mr. Cao said.

"Does Vice President Zhou have any objections to your taking over this project?" Wang Chuan pondered for a moment and asked.

"Well, you've hit the point. Who told me to block other people's money. In fact, no matter who takes over the project, he will set up obstacles. I'm here today to hear your opinion." Mr. Cao nodded road.

(End of this chapter)