Grassroots lawyers also have spring
Chapter 853
Chapter 853
"At that time, the defendant's personnel department approached the plaintiff, hoping that he could continue to work until the labor contract expired. After many communications, the plaintiff finally agreed to stay." Wang Chuan explained.
"Do you have any evidence to communicate with the defendant's personnel department to continue working?" the female judge asked.
"No, it was all on the phone at the time, and we talked verbally, and we didn't expect the defendant to back out!" Tu Ming said with an aggrieved expression.
"That is to say, after submitting the resignation application, the plaintiff did not actually go through the resignation procedures, but continued to work with the defendant, is that true?" asked the female judge.
"Yes, the wages submitted by the plaintiff contained records of the defendant's payment of wages for February, March, and April, which proves that the employee worked until April [-], [-]." Wang Chuan said.
"Defendant, is that so?" asked the female judge.
"Because of approval reasons, we did not go through the resignation procedures in time, but we have agreed to the other party's resignation application, and the wages for the next few months are actually labor expenses." The female legal officer explained.
"I see on the application form that the HR manager's approval is on the third day after submitting the application, but the general manager's approval time is three months after the plaintiff submits the application. What's going on? Defendant!" Female asked the judge.
"At that time, the general manager was no longer there, and he was on a business trip! So the approval was delayed by a few months!" said the female legal officer.
"Defendant, there are scratches on the bottom of the notice of resignation and handover you submitted, and it says 'the claim is not recognized', and it was signed by the plaintiff. Who wrote this?" the female judge asked.
"I don't know either." The female legal officer pretended to be confused.
At the beginning, she really didn't know that there were scratches when the personnel department provided the materials, but based on her experience, the word should be written by the plaintiff, and the personnel specialist later proved her guess.
"Plaintiff, who wrote this?" The female judge looked at the plaintiff's seat.
"I wrote it. At that time, the defendant asked me to sign for it. I wrote that I did not agree with the statement and signed it. As for who wrote it with a pen, I don't know. This document has been kept in the company. It should be People from the company did it," Tu Ming said.
"Defendant, do you agree with the fact that the plaintiff has been working with the defendant after leaving the job?" asked the female judge.
In view of this fact, Wang Chuan felt that the other party should have nothing to say, even if he didn't agree!Fired and still paid?Didn't the company burn too much money?Is the boss kicked in the head by a donkey?
But the female legal commissioner can still live in vain: "We don't recognize it."
"You don't approve of the plaintiff's work in the company, so why pay him?" the female judge asked.
"This... it's probably a financial mistake! I agree that he works in the company, but he provides services in the form of labor cooperation. The money should be labor fees. I don't agree that this is salary." The female legal officer hesitated. .
Hehe, if there is a problem, just throw the blame to the accountant. I have to say that the head of the female legal officer is fast enough!However, if this article is written in the verdict, it is estimated that the good days of the female legal commissioner will come to an end. The financial department is controlled by the boss' wife.
"Plaintiff, how did you calculate the compensation you requested?" the female judge asked.
"The plaintiff's average salary in the twelve months before leaving the job was 8000 yuan. He worked for nearly two years. According to the provisions of the "Labor Contract Law", the calculation formula is 8000 yuan multiplied by two years and then multiplied by two. The total is 11 yuan." Wang Chuan submitted the printed calculation formula to the judge.
……
"Plaintiff, make the final statement!" The female judge looked at Wang Chuan and said.
"After the plaintiff filed an application for resignation, according to the provisions of the Labor Contract Law, the defendant should make a clear reply within [-] days, but the defendant failed to give an approval or disapproval reply within the specified time.
The defendant issued a notice on April [-], [-] to terminate the labor relationship between the two parties, which obviously exceeded the stipulated time limit.
If the defendant failed to deal with the plaintiff's application for resignation within a reasonable time limit, and the plaintiff continued to provide labor for the defendant, and the defendant paid labor remuneration normally, the application for resignation should be deemed invalid, and the two parties reached an agreement on continuing to perform the original labor contract.
Since the two parties continued to perform the original labor contract, the company issued a notice of termination of the labor relationship with April [-], [-], which constituted an illegal termination of the labor relationship and should pay compensation to the plaintiff.Please support the court!
That's it! "Wang Chuan said.
At [-]:[-] in the morning, Wang Chuan and Tu Ming walked out of the Shijingshan Court after signing the trial transcript.
"Lawyer Wang, do you think this case can be won?" Tu Ming was a little uncertain.
"It's not a big problem. Go back and wait for the news. I'll let you know when I have news." Wang Chuan said with a smile.
"It's time for dinner, let me treat you to a meal!" Tu Ming said.
"You're welcome, Chang and I are always friends. I have something to do in the afternoon, and I have to go back right away, so I won't chat with you anymore. I will invite you another day." After Wang Chuan finished speaking, he walked towards the Mercedes-Benz parked on the side of the road go.
What a joke, the lawyer's fee is not charged, why do you have to eat your meal? If you eat this meal, no matter how much you spend, it will affect the effect of the case. If Chang Xingyue doesn't appreciate it, Wang Chuan will be in vain !A good person must go to the end, and the Buddha must be sent to the West!
On the way back, Wang Chuan called Chang Xingyue and told him about the trial. Chang Xingyue expressed his gratitude and gave Wang Chuan the information that someone was robbing him of his business. It was said that it was a large law firm. It is one of the law firms that provided labor compliance for ZJ First Bureau this time.
According to Chang Xingyue, the higher-ups didn't like this law firm at first, mainly because there were many problems in providing labor compliance services for its subsidiaries, but some people said good things about it, so it's still going on. cooperate.
After putting down his mobile phone, Wang Chuan sat in the car and thought about it. Chang Xingyue's business is mainly in construction projects, and labor does not make money. If it is just doing labor business, there is no need to spend a lot of effort on public relations. We still have to work hard to develop Construction engineering business.
Wang Chuan found that he is now making more money than before, has a wider range of opportunities, and the scale of the law firm has also increased to a higher level, but there are more troubles!Relationship maintenance in all aspects, team building... People who want to find their own customers can find them at any time, but in the final analysis, they still have too little background!There is no way to compete with big law firms.
He is self-aware that the business of a large company depends on relationships as well as professionalism, and he can't do anything short of that.When he was thinking a lot, the phone rang, and it was Gao Mingzhe calling.
"Brother, are you free tonight, let's sit down, I have something to tell you." Gao Mingzhe said.
"Okay, I'll make a reservation for dinner tonight." Wang Chuan said.
Gao Mingzhe called suddenly. Wang Chuan didn't know what kind of medicine he was selling in his gourd. Could it be related to what Chang Xingyue said?
(End of this chapter)
"At that time, the defendant's personnel department approached the plaintiff, hoping that he could continue to work until the labor contract expired. After many communications, the plaintiff finally agreed to stay." Wang Chuan explained.
"Do you have any evidence to communicate with the defendant's personnel department to continue working?" the female judge asked.
"No, it was all on the phone at the time, and we talked verbally, and we didn't expect the defendant to back out!" Tu Ming said with an aggrieved expression.
"That is to say, after submitting the resignation application, the plaintiff did not actually go through the resignation procedures, but continued to work with the defendant, is that true?" asked the female judge.
"Yes, the wages submitted by the plaintiff contained records of the defendant's payment of wages for February, March, and April, which proves that the employee worked until April [-], [-]." Wang Chuan said.
"Defendant, is that so?" asked the female judge.
"Because of approval reasons, we did not go through the resignation procedures in time, but we have agreed to the other party's resignation application, and the wages for the next few months are actually labor expenses." The female legal officer explained.
"I see on the application form that the HR manager's approval is on the third day after submitting the application, but the general manager's approval time is three months after the plaintiff submits the application. What's going on? Defendant!" Female asked the judge.
"At that time, the general manager was no longer there, and he was on a business trip! So the approval was delayed by a few months!" said the female legal officer.
"Defendant, there are scratches on the bottom of the notice of resignation and handover you submitted, and it says 'the claim is not recognized', and it was signed by the plaintiff. Who wrote this?" the female judge asked.
"I don't know either." The female legal officer pretended to be confused.
At the beginning, she really didn't know that there were scratches when the personnel department provided the materials, but based on her experience, the word should be written by the plaintiff, and the personnel specialist later proved her guess.
"Plaintiff, who wrote this?" The female judge looked at the plaintiff's seat.
"I wrote it. At that time, the defendant asked me to sign for it. I wrote that I did not agree with the statement and signed it. As for who wrote it with a pen, I don't know. This document has been kept in the company. It should be People from the company did it," Tu Ming said.
"Defendant, do you agree with the fact that the plaintiff has been working with the defendant after leaving the job?" asked the female judge.
In view of this fact, Wang Chuan felt that the other party should have nothing to say, even if he didn't agree!Fired and still paid?Didn't the company burn too much money?Is the boss kicked in the head by a donkey?
But the female legal commissioner can still live in vain: "We don't recognize it."
"You don't approve of the plaintiff's work in the company, so why pay him?" the female judge asked.
"This... it's probably a financial mistake! I agree that he works in the company, but he provides services in the form of labor cooperation. The money should be labor fees. I don't agree that this is salary." The female legal officer hesitated. .
Hehe, if there is a problem, just throw the blame to the accountant. I have to say that the head of the female legal officer is fast enough!However, if this article is written in the verdict, it is estimated that the good days of the female legal commissioner will come to an end. The financial department is controlled by the boss' wife.
"Plaintiff, how did you calculate the compensation you requested?" the female judge asked.
"The plaintiff's average salary in the twelve months before leaving the job was 8000 yuan. He worked for nearly two years. According to the provisions of the "Labor Contract Law", the calculation formula is 8000 yuan multiplied by two years and then multiplied by two. The total is 11 yuan." Wang Chuan submitted the printed calculation formula to the judge.
……
"Plaintiff, make the final statement!" The female judge looked at Wang Chuan and said.
"After the plaintiff filed an application for resignation, according to the provisions of the Labor Contract Law, the defendant should make a clear reply within [-] days, but the defendant failed to give an approval or disapproval reply within the specified time.
The defendant issued a notice on April [-], [-] to terminate the labor relationship between the two parties, which obviously exceeded the stipulated time limit.
If the defendant failed to deal with the plaintiff's application for resignation within a reasonable time limit, and the plaintiff continued to provide labor for the defendant, and the defendant paid labor remuneration normally, the application for resignation should be deemed invalid, and the two parties reached an agreement on continuing to perform the original labor contract.
Since the two parties continued to perform the original labor contract, the company issued a notice of termination of the labor relationship with April [-], [-], which constituted an illegal termination of the labor relationship and should pay compensation to the plaintiff.Please support the court!
That's it! "Wang Chuan said.
At [-]:[-] in the morning, Wang Chuan and Tu Ming walked out of the Shijingshan Court after signing the trial transcript.
"Lawyer Wang, do you think this case can be won?" Tu Ming was a little uncertain.
"It's not a big problem. Go back and wait for the news. I'll let you know when I have news." Wang Chuan said with a smile.
"It's time for dinner, let me treat you to a meal!" Tu Ming said.
"You're welcome, Chang and I are always friends. I have something to do in the afternoon, and I have to go back right away, so I won't chat with you anymore. I will invite you another day." After Wang Chuan finished speaking, he walked towards the Mercedes-Benz parked on the side of the road go.
What a joke, the lawyer's fee is not charged, why do you have to eat your meal? If you eat this meal, no matter how much you spend, it will affect the effect of the case. If Chang Xingyue doesn't appreciate it, Wang Chuan will be in vain !A good person must go to the end, and the Buddha must be sent to the West!
On the way back, Wang Chuan called Chang Xingyue and told him about the trial. Chang Xingyue expressed his gratitude and gave Wang Chuan the information that someone was robbing him of his business. It was said that it was a large law firm. It is one of the law firms that provided labor compliance for ZJ First Bureau this time.
According to Chang Xingyue, the higher-ups didn't like this law firm at first, mainly because there were many problems in providing labor compliance services for its subsidiaries, but some people said good things about it, so it's still going on. cooperate.
After putting down his mobile phone, Wang Chuan sat in the car and thought about it. Chang Xingyue's business is mainly in construction projects, and labor does not make money. If it is just doing labor business, there is no need to spend a lot of effort on public relations. We still have to work hard to develop Construction engineering business.
Wang Chuan found that he is now making more money than before, has a wider range of opportunities, and the scale of the law firm has also increased to a higher level, but there are more troubles!Relationship maintenance in all aspects, team building... People who want to find their own customers can find them at any time, but in the final analysis, they still have too little background!There is no way to compete with big law firms.
He is self-aware that the business of a large company depends on relationships as well as professionalism, and he can't do anything short of that.When he was thinking a lot, the phone rang, and it was Gao Mingzhe calling.
"Brother, are you free tonight, let's sit down, I have something to tell you." Gao Mingzhe said.
"Okay, I'll make a reservation for dinner tonight." Wang Chuan said.
Gao Mingzhe called suddenly. Wang Chuan didn't know what kind of medicine he was selling in his gourd. Could it be related to what Chang Xingyue said?
(End of this chapter)
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