Grassroots lawyers also have spring

Chapter 223 Consecutive Trials!
"The defendant cross-examines evidence!" Judge Wu put down the plaintiff's evidence list in his hand.

"Judge, how to cross-examine?"

Some fat men looked at the evidence provided by the plaintiff in their hands and felt a little stupid. He had participated in the previous labor arbitration tribunal, but at that time the company did not come forward and did not cross-examine it!

"You can express your opinion on the authenticity, legality and relevance of the evidence provided by the plaintiff. You can say whatever you want. But you should talk about the evidence, and it goes without saying that it has nothing to do with the evidence. From the first piece of evidence Let’s start, let’s talk!” Judge Wu patiently explained.

"Okay. There is no problem with the first piece of evidence. I have a labor relationship with Qianyuan Shengshi Company. The second piece of evidence is the labor arbitration award. I agree with the content of the arbitration. I resigned voluntarily. The third piece of evidence gives up annual leave The application, I think, should be invalid.

In addition to giving up annual leave, the application also said giving up social security.I have consulted with a lawyer and this agreement should be invalid. "The man who is a bit fatter feels very reasonable.

"Defendant, let me confirm with you again, did you ask for your resignation from the plaintiff?" Judge Wu looked at the defendant and said.

"Yes, he didn't give me annual leave salary, and didn't let me take annual leave, so I resigned." The man with a fat body said.

"Plaintiff, is that so?" Judge Wu said.

"No. The defendant left the company because the advertisements he designed did not meet the requirements of the clients. The company received three complaints from clients in the past year, all because of his design problems."

Wang Chuan said and took out a copy: "This is a screenshot of the email, which was sent to the plaintiff by the client in September last year, to name and complain that the defendant's advertisement design was not thoughtful and lacked professional ability.

Later, the plaintiff talked to the defendant, but the design of the defendant still could not meet the customer's requirements, and finally the defendant asked the plaintiff to resign. "Wang Chuan said.

"Defendant, the third piece of evidence provided by the plaintiff, is the application for giving up social security and annual leave signed by you?" Judge Wu turned to look at the defendant and asked.

"Judge, I am an agricultural householder, and my registered permanent residence is in another province, not in this city.

When I joined the company, the personnel of the company said that the social security cannot be connected to the Internet now, and I can’t transfer back to my hometown after paying the social security in the imperial capital, and I have to pay an extra sum of money for no reason.

Later, I thought about this reason, so I agreed and signed the application template provided by the company. " said the man who was a little fatter.

"Did you do it voluntarily when you signed it? Was there any coercion or fraud?" Judge Wu continued to ask.

Um?Wang Chuan looked up at Judge Wu: What do you mean by that?Do employees have to say that the application was forced to sign by the company with a knife to be satisfied?
"No, at that time, the company's personnel specialist put the application in front of me, and I signed it!" The man with a fat body recalled and said.

……

"The plaintiff and the defendant make their final statements! The plaintiff!" Judge Wu looked at Wang Chuan.

"The plaintiff believes that the defendant has applied to the plaintiff for a waiver of annual leave, and the plaintiff has agreed to the defendant's application.

The law does not prohibit employees from giving up their annual leave, and it can be done if there is no prohibition. Therefore, we believe that the defendant has already disposed of his annual leave rights, that is, giving up his annual leave!Such waiver shall be legally valid.

Although the application included the content of waiving social insurance, the invalidity of this part of the content does not mean that the entire application is invalid, and the defendant has the right to dispose of the annual leave.

In summary, the plaintiff believes that the defendant's voluntary waiver of annual leave is a punishment of his own rights, which does not violate the provisions of laws and regulations, and his application should be valid.The plaintiff should not have paid him annual vacation pay. "Wang Chuan picked up the proxy words he had prepared.

"The defendant made a final statement," Judge Wu said.

To be honest, after listening to Wang Chuan's impassioned final statement, the man with a fat body had only one feeling——I didn't understand!
"Judge, I just have one opinion. No matter what the plaintiff says, I don't agree with it. I ask the judge to make the decision for me!" The man who was a little fatter finally said after holding back for a long time.

"Okay, this trial is over. After a while, both of you can read the transcript of the trial, and you can leave after signing." Judge Wu said, tidying up the case file again and again.

After the bloated man finished signing and left, Wang Chuan packed up the case file, carried the bag, got up and sat on the dock with the case file in his hands, and began to prepare the materials for the trial.

Judge Wu sitting above glanced at Wang Chuan: "Lawyer Wang, where are you sitting? Aren't you leaving after the court session?"

"Your next court will also be represented by me!" Wang Chuan said with a smile.

After listening, Judge Wu took the case file with a puzzled expression, and flipped through it: "Are you representing a hotel?"

"Yes. I was the agent for this case in the previous labor arbitration stage. The plaintiff refused to accept the lawsuit and brought it to the court." Wang Chuan said.

Judge Wu started to read the case file, but stopped talking.

Wang Chuan thought to himself: This girl must have not read the case file before the trial.It is not easy for a judge to try so many cases a day!

Five minutes later, a male lawyer with a square face walked in, his eyes full of greed.He and Wang Chuan are old acquaintances. He was the employee he represented in the previous labor arbitration, and this time it was him again.

Wang Chuan looked at the big-faced male lawyer opposite him, and speculated in his heart: This time the employee sued the hotel must be related to him.

After the gavel sounded, Judge Wu started the trial procedure.

"Plaintiff, are your claims and factual reasons consistent with the complaint? Has there been any change?" Judge Wu said routinely.

"No. The defendant terminated his labor relationship with the plaintiff without justifiable reasons, and should bear the corresponding legal responsibility to pay compensation for the plaintiff's illegal termination." Sifang's big-faced male lawyer said.

"Defendant defends!" Judge Wu looked at the case file, weakly.

Wang Chuan felt very sorry for Judge Wu in front of him. Every morning and afternoon, the court schedule was full. After the court session, he had to repeat the court procedure, racking his brains to ask this and that. It was not easy!
"Judge. We disagree with the plaintiff's claim.

The plaintiff worked at the defendant's office and stole items in the hotel as a hotel employee, which had violated the bottom line of the industry. After consulting the labor union, the defendant dismissed the plaintiff.The dismissal is legal and does not constitute illegal dismissal. "Wang Chuan took out a statement of defense.

"Defendant, submit the statement of defense after the trial." Judge Wu glanced at Wang Chuan and said.

"Okay." Wang Chuan said hastily.

In fact, even if the judge does not require it, Wang Chuan will submit the statement of defense after the hearing.

"The plaintiff's proof!" Judge Wu said lightly.

"The first piece of evidence, the labor contract, proves that there is a labor relationship between the respondent and the claimant.

The second evidence, notice of dismissal and certificate of resignation.It proves that the hotel has illegally terminated the labor relationship. "Said the square-faced male lawyer.

(End of this chapter)