Lawyer

Chapter 184 Looks Like a Fairy
The one-year probationary period really surprised Fang Yi. Although he is not a lawyer specializing in labor (county lawyers cannot specialize in a certain field at all, because there is not enough business support, he will starve to death sooner or later), but he is also a lawyer. I have had several labor cases.

He knows that if the term of the labor contract is more than three months but less than one year, the probationary period cannot exceed one month; if the term of the labor contract is more than one year but less than three years, the probationary period cannot exceed two months; For labor contracts with a fixed term, the probationary period shall not exceed six months.The one-year probation period is indeed illegal.

"This is all done by the company's previous personnel and legal affairs. A few years ago, the company had no legal counsel, only a legal counsel who had just graduated, and the labor contracts were all signed blindly. Later, the company had a legal counsel, and I asked the legal counsel to sort it out. One more time. Maybe I forgot to change this contract." Sister Lan said.

"The "Labor Contract Law" No.80 provides in three articles: "If the employer violates the provisions of this law and agrees with the laborer on the probationary period, the labor administrative department shall order it to make corrections; Compensation shall be paid to laborers according to the period that has been fulfilled beyond the statutory probationary period, based on monthly wages at the end of the term.'

In the case of our company, since the labor contract signed by both parties is for three years, the statutory probationary period shall not exceed six months.The probationary period agreed by both parties is twelve months, which has been actually fulfilled.

According to the law, our company should pay Chen Dong a compensation of six months' wages, which is 7000 yuan. "Fang Yi said.

"You mean that the money must be given?" Sister Lan asked unwillingly.

"Not necessarily!" Fang Yi leaned on the sofa one after another, smiling.

"I knew you had a solution, tell me quickly." Sister Lan said happily.

"What I just said was the provisions of the "Labor Contract Law" on illegally agreeing to a probationary period. However, labor disputes are subject to the system of one trial and two trials, which means that labor arbitration must first go through, and those who are dissatisfied with the labor arbitration results can go to court Court sue.

According to the first paragraph of Article 20 of the "Labor Dispute Mediation and Arbitration Law", the limitation period for applying for arbitration of labor disputes is one year.The statute of limitations for arbitration is calculated from the date when the parties know or should know that their rights have been violated'..." Before Fang Yi finished speaking, Sister Lan stopped him.

"Brother, don't tell me so many things about the law. If you don't read much, if you don't understand this article or that article, you can just speak the plain language." Sister Lan said.

"Okay, then let me put it bluntly, the labor contract signed by Chen Dong on July 2010, 7, the probationary period ends on July 2, 2011, a total of twelve months.

他应当在知道或者应当知道其权利被侵害之日（最迟2011年7月1日）起，一年内（最迟2012年7月1日前）提出仲裁申请。

He just filed an application for arbitration this year, which has passed the one-year statute of limitations for applying for arbitration, so I think it is impossible for the arbitration committee to support his request. "Fang Yi said.

"That's it! In other words, I don't need to give him money!" Sister Lan said with a sigh of relief: "Actually, the money is not too much, it's mainly due to fighting spirit."

"If this case were in the capital, Chen Dong could still ask for another sum of money, which would be the difference between the salary of the probationary period that has already been fulfilled and the salary after becoming a full-time employee.

I have seen the precedents in Beijing. Both the labor arbitration committee and the court support the wage difference part of the illegally agreed probationary period, but the algorithm may be slightly different.

However, in judicial practice, Guangdong Province and Zhejiang Province hold the opposite opinion with Beijing, which does not support the wage difference.

I suspect that the lawyer who recruited Chen Dong has limited professionalism, which is why he made such a mistake. "Fang Yi said.

"It's also possible that the lawyer wants to get Chen Dong's legal fee. He knows it's impossible, but he still encourages him to apply for labor arbitration. Unscrupulous lawyer!" Sister Lan said coldly.

Uh... Fang Yi was taken aback.He knew what Sister Lan said was reasonable, but as a lawyer, he would feel somewhat embarrassed to hear what the client said.

"Well, since you know everything about this case, help me write a statement of defense. I'll let the legal affairs go to the court. It's not convenient for you to run back and forth in the county or city.

Sister will not treat you badly, I will give you a red envelope as the fee for drafting the statement of defense, no need to pay. Sister Lan smiled.

Fang Yi helped Shengfeng Group save 7000 yuan in less than an hour. Sister Lan is a smart person. In her opinion, the case is simple, as long as Fang Yi writes a statement of defense and sends someone to go.There is no need for Fang Yi to step in, let alone pay legal fees.

Fang Yi was also thinking, this case is so simple, Sister Lan will not pay more for the lawyer's fee, even if she entrusts herself to represent her, the lawyer's fee is estimated to be 3000 yuan, and she will take 20.00% of the lawyer's fee, The most important thing is that he has to go to the city to hold court, which is not cost-effective.

"No problem, I will do as you said. I will write the statement of defense and send it to you in the next two days." Fang Yi agreed.Sister Lan asked someone to copy a copy of the case materials for him, and then sent someone to send him to the long-distance station.

After Fang Yi got on the long-distance bus, he took out the red envelope and saw five big red bills inside. He knew that it was given by Sister Lan to save face. Generally speaking, the county would write a legal document that is included in the complaint or defense. , also one or two hundred yuan.Some law firms have vicious competition, and Fifty does too.

Not to mention the county towns of Hebei Province, even in Beijing, there are law firms that pay 50 yuan to review a contract or draft a complaint. It costs 50 yuan to review a contract, and the parties know that nothing can be found in the trial, so it is completely a comfort to buy.

In Zhengyi Law Firm, Li Mingbo was writing at his desk, and his ten fingers were typing on the old mechanical keyboard quickly. at work.

During this period of time, Chu Huai has been busy developing business, and has done relatively few cases. Sun Zhengyi took good care of the newcomer Li Mingbo, and assigned several cases to him not long after he arrived.

This directly led to the dissatisfaction of Zhao Zhongzhong, who had just come out of the gloomy mood. He found that he had another competitor. There was only Chu Huai before, and now there was another lawyer Li who was malnourished.Seeing that half of the completed cases were divided, Zhao Zhongcheng felt very upset.

He wanted to unite with Chu Huai to suppress the new lawyer Li, but he thought that Li Mingbo was introduced by Chu Huai. It seemed that this united front could not be established.

He thought of Fang Yi again, but Fang Yi looked like a fairy, and the dragon never saw the end. During this period, the cases signed one after another, as if he just took the cases in the office to make short, and didn't care what happened in the office at all. Fang Yi doesn't care about dividing the case, as long as it's not too much.

(End of this chapter)