Chapter 852

"If Lawyer Yuan really wants to leave, I can't help it. I can't stop his development! Thank you!" Wang Chuan said with a slight smile.

"Thank you, we are all from our own family. I'll leave first, and remember to contact me if you have something good to do!" Brother Pan Er smiled, got up and left the office.

On Wednesday, Tu Ming's labor dispute case started.Early in the morning, Wang Chuan walked into the Ninth Trial Chamber of Shijingshan Court with Tu Ming carrying his briefcase.

The judge sitting above is a fat woman in her 30s, with short hair that reaches her ears and looks neat and tidy.Sitting in the dock is a woman in her 20s with light makeup, who is the company's legal specialist.

"Plaintiff, state the claims and the facts and reasons of the case." The female judge said indifferently.

"The plaintiff's claims: 11. Request that the defendant be ordered to pay 2000 yuan in economic compensation for the illegal termination of the labor relationship; [-]. The litigation costs of this case shall be borne by the defendant.

Facts and reasons: The plaintiff joined the defendant in May [-], with a three-year labor contract as a software engineer, with a monthly salary of [-] yuan.

On April [-], [-], the defendant served a notice of termination of the labor relationship to the plaintiff. The plaintiff believed that the defendant’s dismissal of the plaintiff without any reason constituted an illegal termination of the labor relationship, so he sued the court and asked the court to uphold Plaintiff's claim.

complete! "Wang Chuan said.

"The defendant pleads!" said the female judge.

The female legal officer calmly picked up the statement of defense: "The defendant did not agree with the plaintiff's claim. The defendant did not dismiss the plaintiff without reason. In January [-], the plaintiff applied to the defendant for resignation. The defendant agreed to resign based on the plaintiff's application. , and then in order to urge the plaintiff to carry out the work handover, the notice of termination of labor relationship was issued.

In addition, after submitting the resignation application, the plaintiff violated the company's rules and regulations, threatened and followed the HR manager during working hours, which seriously affected the company's normal work. In view of this, the company decided to terminate his labor relationship after research.

The defense is over! " said the female legal officer.

She has her own ideas, even if the plaintiff's resignation does not come to fruition in the end and seriously affects the company's office order, the company can fire him.This is called killing the teacher's father with random punches, as long as there is one trick that works!
"The next two parties will produce and cross-examine evidence, and the plaintiff will produce evidence first!" said the female judge.

"The first piece of evidence, the labor contract, proves that the plaintiff is an employee of the defendant. The two parties have a labor relationship. The labor contract stipulates a period of three years and a monthly salary of 8000 yuan. The labor contract has not yet expired.

The second piece of evidence, the labor relationship termination notice, proves that the defendant unilaterally terminated its labor relationship with the plaintiff without any reason.

The third piece of evidence, the bank statement, proves that the average salary of the plaintiff in the twelve months before leaving the company was 8000 yuan.

The proof is over! "Wang Chuan said.

"The defendant cross-examines evidence!" the female judge flipped through the evidence without looking up.

"We approve the first evidence labor contract.

We recognize the authenticity, legitimacy and relevance of the second evidence notice of termination of labor relationship, but the purpose of the proof is not. The reason for the defendant to issue the notice of termination of labor relationship is the resignation proposed by the plaintiff first, not the defendant's unreasonable dismissal.

The third piece of evidence, the plaintiff's salary, we accept.

Cross-examination is complete! " said the female legal commissioner.

"The defendant presents evidence!" the female judge said lightly.

"The first piece of evidence, the resignation application, proves that the plaintiff voluntarily offered to resign. The reason for the resignation was personal reasons. The expected date of resignation is March [-], [-].

The second piece of evidence, the resignation handover notice, proves that the company has approved the plaintiff's resignation application and urged him to make the handover as soon as possible.

The third piece of evidence, the notice of termination of the labor relationship, proves that the company issued a notice to terminate the labor relationship with the plaintiff because the plaintiff did not perform the resignation handover work.

The fourth piece of evidence, the company's surveillance video, proved that the plaintiff entangled and threatened the HR manager, disrupted the company's normal work order, and seriously violated the company's labor discipline.

The proof is over! " said the female legal officer.

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

"The first piece of evidence, the resignation application, is not accepted by the plaintiff.

The plaintiff did submit a resignation letter, but it was submitted on January [-], [-], and the time was recorded in the plaintiff's signature, and the company has not responded since then.

Moreover, the notes on the application form are obviously not from the same person. The name, department, and entry time on the application form were written by the plaintiff, and other contents were not written by the plaintiff himself.

According to the handwriting, the estimated time of resignation on the application form is obviously consistent with the signature of the manager of the human resources department. We believe that the expected time of resignation was filled in by the manager of the human resources department, not the plaintiff's true intention.

The second piece of evidence, the resignation handover notice, was rejected by the plaintiff.

The notice stated that the plaintiff had been approved by the defendant to resign, and it was issued on April 30, [-], which was more than three months after the plaintiff submitted the resignation application, which was not in compliance with the Labor Contract Law. [-] days notice to terminate the labor contract.

The third piece of evidence, the notice of termination of labor relationship, the plaintiff did not recognize the purpose of proof.

The notice was issued on the same day as the resignation handover notice, which just proved that the defendant constituted an illegal termination of the labor relationship.

The fourth piece of evidence is the company's surveillance video. We recognize the authenticity of the video, but not for the purpose of proof.

The scene in the video is that after the plaintiff was dismissed innocently, he went to the company to ask the HR manager for the reason for the termination of the labor relationship. After being rejected by the HR manager, he asked the reason in the corridor. The defendant not only refused to explain, but called the security guard to obstruct the plaintiff.The plaintiff did not affect the normal operation of the company.

Cross-examination is complete! "Wang Chuan said.

"Defendant, let me ask, what happened to the expected departure time on the application form? Who wrote it?" the female judge asked.

"I don't know about this!" The female legal officer shook her head.

"Plaintiff, tell me!" said the female judge.

"In this resignation application, I only wrote my name, department, and entry date. The signature and time below were written by me, and I did not write the rest.

At that time, I also asked the HR specialist whether it was necessary to write down the estimated time of departure, but the HR specialist said that anyway, the application was made 30 days in advance, and everyone knew that there was no need to write it.So I didn't write it! "Tu Ming explained.

"I would like to remind the judge that there are three handwritings on the application, one is written by the plaintiff, one is signed by the HR manager, and the other is signed by the general manager. The difference is very different.

According to the handwriting, it is obvious that the expected departure time is made up by the HR manager. "Wang Chuan said.

"Plaintiff, after resigning on January 30, [-], why didn't you go through the resignation handover procedures after the [-]-day statutory notice period expired?" asked the female judge.

(End of this chapter)

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