Lawyer's character

Fang Yi took the case file and was flipping through the materials after returning to his workstation. Not long after, the front desk ran over: "Lawyer Fang, the director said that the labor case he took on Friday was handed over to you, right?"

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

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

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

When Fang Yi walked in, there was a gentle man in his thirties in the conference room with parted hair, sitting on a chair and flipping through the law firm's brochure in his hand.

"Hello, your name is Mr. Fan Yinuofan. I am lawyer Fang Yifang." Fang Yi said with a smile.

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

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

"I came here last month. I used to work in a teaching and training company in the city. Later, because my room for advancement was limited, I thought of leaving my job and sent in a lot of resumes.

Later, a teaching and training company called Rising Star recruited the principal of its branch campus. After three rounds of interviews, I received an offer notice from the company. The salary we previously negotiated was 7,000 yuan per month, with a probation period of 5,600 yuan, a three-year contract, and a six-month probation period.

I am mainly interested in the position of principal, which will be beneficial to my future development. It's like accumulating some experience. Then I went through the resignation procedures.

At the beginning of the month, when I came to the county to go through the employment procedures at the company, I was told that the salary standard would be reduced to 4,000 yuan during the probation period and 5,000 yuan after becoming a full-time employee. Fan Yinuo said angrily.

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

"Yes, if they cut my salary for no reason, I will definitely not do it. There is no way to do things like this. It's so dishonest.

Later, I applied for labor arbitration, but it turned out that the people at the labor arbitration were the same as the company and did not accept my case. They issued me a "Notice of Non-Acceptance."

I forgot to bring it with me when I came for consultation last Friday, so I brought it with me this time. You see. "With that said, Fan Yinuo handed Fang Yi a "Notice of Non-Acceptance" issued by the arbitration committee: "Lawyer Fang, do you think I can win this case? I consulted several lawyers before, and they said that I did not sign a labor contract and was not protected by labor law. "

"Well, that's not entirely correct." Fang Yi thought for a while and said.

"What do you mean?" Fan Yinuo looked at Fang Yi suspiciously, wondering what he meant.

"It is true that you did not sign a labor contract with Rising Star Company. This is true, 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, the lawyer is right, but not signing a labor contract does not necessarily mean you are not protected by the law." Fang Yi said.

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

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

"Yes." Fan Yinuo thought to himself: This is not nonsense, I have said it just now.

"Secondly, you did not 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 can't stand their warlord style. Things that have been agreed upon are changed at the drop of a hat. There is no spirit of contract at all. Working in this kind of company will change your orders day by day. I feel uneasy." Fan Yinuo said.

“I think that in your case, the liability for contracting negligence stipulated in Article 42 of the Contract Law can be applied.

According to the provisions of Article 42 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, he shall be liable for damages: (3) Any other behavior that violates the principle of good faith .

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

"Oh, that's it. Professional, you are the professional." Fan Yinuo seemed to be enlightened, and then asked: "How much compensation can I ask the other party to compensate in this situation? Can I pay tens of thousands?"

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

"Based on the current judicial practice, it may not be able to reach the number you require." Fang Yi said.

"How much compensation can be paid?" Fan Yinuo asked hurriedly.

"Generally, it is one to two months' salary standard. Of course, this is determined by the judge." Fang Yi said.

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

"More or less, this belongs to the judge's discretion." Fang Yi said.

Fan Yinuo thought for a while and said: "That's okay. Anyway, it can cover the legal fees I paid without paying compensation. I just want to vent my anger and educate them not to take the employees too seriously."

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

In the filing court of the District Court, after Fang Yi and Fan Yinuo finished filing the case, Fang Yi went outside to smoke and wait for him, while Fan Yinuo took the ticket and went to the payment window to queue up to pay the legal fees.

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

Fang Yi pinched the cigarette with his hand, turned around and saw a woman in her twenties holding a several-month-old child in her arms, looking at him with a sad face and a look of pleading in her eyes.

Her hair was a little messy, and the skin on her face was rough and vaguely injured. It can be seen from her clothes that her life is not very rich.

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

"I would like to ask you to help me write a divorce complaint." The woman's eyes were moist.

Fang Yi pointed to the court where the case was filed and said: "There are people who can write complaints for free. You can go inside and ask them to write one for you."

There are people 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 police at the door wouldn't let me in." The woman said with a sad face.

"Why?" Fang Yi asked puzzled.

"They said you can't go in to file a case while holding a child, so I can only go in alone. I just looked through the window and saw that the people writing the indictment are all young students. I'm afraid they can't write it well, so...

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