Lawyer

Chapter 141 Liability for negligence in contracting
Fang Yi took the case file and was looking through the materials after returning to his work station. Not long after, the front desk came over: "Lawyer Fang, the director said that the labor case I took on Friday has been handed over to you, is that right?"

"Yes, I just got the case file, what's the matter?" Fang Yi asked suspiciously.

"The client is here, in the conference room." The front desk said.

"Okay, I'll be there right away." After Fang Yi put away the file, he went to the meeting room with a pen and paper.

When Fang Yi entered the meeting room, a well-mannered man in his 30s with parted hair was sitting on a chair flipping through the brochure of the law firm in his hand.

"Hello, you are Mr. Fan Yinuofan. I am lawyer Fang Yifang." Fang Yi smiled.

"Hello, I'm Fan Yinuo." The man got up and shook hands with Fang Yi.

"Please sit down. I will be in charge of your case. Can you tell me what happened? The more detailed the better." Fang Yi said seriously.

"I came here last month. Before that, I worked in an education and training company in the city. Later, because of the limited room for advancement, I thought of leaving and submitted a lot of resumes.

Later, an education and training company called Tomorrow Star recruited the principal of the branch campus. After three rounds of interviews, I received an employment notice from the company.The salary we negotiated before was 7000 yuan per month, with a trial period of [-] yuan, and a three-year contract with a six-month trial period.

I am mainly interested in the position of principal, which is good for my future development.It can be regarded as accumulating some experience.Then I went through the resignation procedure.

At the beginning of the month, when I went to the county to go to the company to go through the entry procedures, I was told that the salary standard would be reduced to 4000 yuan during the probationary period, and 5000 yuan after I became a full-time employee. "Fan Yinuo said angrily.

"Is this salary different from what was discussed before?" Fang Yi said.

"That's right, my salary was cut for no reason, I definitely won't do it, there is no one who does things like this, it's too dishonest.

Later, I applied for labor arbitration, but the labor arbitration group was the same as the company, refused to accept my case, and issued me a "notification of non-acceptance".

When I came to consult last Friday, I forgot to bring it, but I brought it this time.You see. "Speaking, Fan Yinuo handed a copy of the "Notice of Non-Admissibility" issued by the arbitration committee to Fang Yi: "Lawyer Fang, do you think I can win this case?"Before I consulted several lawyers, they said that I did not sign a labor contract and was not protected by the labor law. "

"Well, what you said is not entirely correct." Fang Yi thought for a while.

"What do you mean?" Fan Yinuo looked at Fang Yi suspiciously, not knowing what he meant.

"It's true that you didn't sign a labor contract with Rising Star Company, right?" Fang Yi asked.

"Well, I admit that I did not sign a labor contract with the company." Fan Yinuo said.

"So, from this point of view, that lawyer is right, but not signing a labor contract does not necessarily mean that he is not protected by the law." Fang Yi said.

"Oh? How do you say that?" Fan Yinuo asked curiously.

"First of all, you resigned from your original unit after you negotiated salary and other welfare conditions with the other party after the interview was successful, right?" Fang Yi asked.

"That's right." Fan Yinuo thought in his heart: This is no nonsense, I said it just now.

"Secondly, you didn't sign a labor contract with the new company because the new company unilaterally lowered wages, which made you unwilling to sign a contract with them, right?" Fang Yi continued.

"Well, that's true. In fact, I don't dislike the low wages they give. I just don't like their warlord style. They change things as soon as they are negotiated, and they don't have the spirit of contract. Changing orders from day to day, working in this kind of company, I'm not at ease." Fan Yinuo said.

"I think that in your case, you can apply the liability for contractual negligence stipulated in Article 40 of the Contract Law.

According to the provisions of Article 40 of No.[-] of the "Contract Law", if a party has any of the following circumstances in the process of concluding a contract and causes losses to the other party, it shall be liable for damages: ... ([-]) Other acts that violate the principle of good faith.

This behavior of the company obviously violates the principle of good faith, so you can use the above provisions as a basis to request the court to order the company to bear the liability for compensation. "Fang Yi said.

"Oh, that's right. Professional, or your professional." Fan Yinuo was as enlightened, and then asked: "How much can I ask the other party to pay in this situation? Can you give it tens of thousands?"

tens of thousands!What are you thinking?Fang Yi sneered in his heart.

"According to the current judicial practice, it may not reach the number you requested." Fang Yi said.

"How much can you compensate?" Fan Yinuo asked hastily.

"Generally, it's one to two months' wages. Of course, it's at the judge's discretion," Fang Yi said.

"That is to say, there is no legal regulation on how much to sentence, it all depends on the judge's mood, right?" Fan Yinuo said.

"Basically, this is at the judge's discretion," Fang Yi said.

Fan Yinuo thought for a while and said: "That's fine, anyway, if I can cover my lawyer's fees, it's fine if I don't pay. I just want to vent my anger, educate them, and don't take the employees too seriously."

Fang Yi asked Fan Yinuo to sign the record of receiving the case, and agreed to go to the court to file the case the next afternoon, and send Fan Yinuo away.

The District Court filed a case. After Fang Yi and Fan Yinuo finished filing the case, Fang Yi went outside to smoke and waited for him. Fan Yinuo took the ticket and went to the payment window to queue up to pay the legal fee.

Fang Yi was standing under the tree, smoking and thinking about something, when suddenly a woman's voice sounded from behind: "Hi, you are a lawyer!"

Fang Yi pinched a cigarette in his hand, turned around and saw a woman in her 20s holding a child who was a few months old in her arms, looking at him sadly, with a pleading look in her eyes.

Her hair was a little messy, and the skin on her face was rough, with faint wounds.It can be seen from her clothes that her life should not be too rich.

"What do you want?" Fang Yi looked down at the briefcase, leather shoes, trousers and shirt in her hand, guessing that she must have guessed that she was a lawyer from her attire.

"I want you to help me write a divorce petition." The woman's eyes were a little moist.

Fang Yi pointed to the case-filing court and said, "There are free petition writers here, you can go there and ask them to write one for you."

There are personnel who provide free legal services in the filing court. Most of these people are college law students who come to increase social practice. Of course, the court sometimes arranges interns on duty to guide the parties in preparing litigation materials.

"I went, but the policeman at the gate wouldn't let me in." The woman said with a sad face.

"Why?" Fang Yi asked puzzled.

"They said that you can't go in to file a case with a child in your arms, and I can only go in by myself. Just now I looked through the window and saw that the indictments were written by young students. I was afraid that they could not write well, so...

I would like to trouble you to write a complaint, and I will come back to file the case tomorrow. "The woman looked expectantly.

(End of this chapter)