Lawyer's character

"I also heard from my colleagues in the legal department. It is said that five old employees were suddenly fired by the company. They were dissatisfied and applied for labor arbitration. The court will be held next week." Liu Yuandao.

"Oh? Labor arbitration! It shouldn't cost much, right?" Fang Yi finished speaking and took a deep breath of cigarette.

"More than one million!" Liu Yuan said, holding a cigarette in his mouth.

Ahem... After listening to Liu Yuan's words, Fang Yi almost choked on the cigarette in his mouth and burst into tears: "More than one million, why do you want so much?"

"Yeah, I don't understand either. I asked for a copy of the case materials. Can you take a look?" Liu Yuandao.

Fang Yi was startled and said to himself: Haha, my feelings are waiting for me here. I said it was a treat for no reason. Taking advantage of others, since they have prepared all the case materials, there is no harm in taking a look. Anyway, it is idle.

"Okay!" Fang Yi smiled.

Liu Yuan took out the printed case materials from his leather bag and handed them over. After Fang Yi took them, he looked through them and said, "Manager Liu, why are you suddenly concerned about the company's lawsuits?"

Liu Yuan was stunned and immediately said: "Lawyer Fang, don't think too much. I have no idea of ​​suing the company for compensation. The boss recently talked to me and plans to promote me to vice president after the vice president retires next year. I am here It’s also for the sake of the company.”

He was really afraid that Fang Yi would think wrong and say something unfavorable to him to Yu Mantang or Gao Jinlan. If that was the case, his future would be gone, which would be self-defeating.

"Hey, this is a good thing. No, I have to toast you. Congratulations on your promotion in advance." Fang Yi picked up the wine glass and saw Liu Yuan's expression change, and added: "That's what I just said, Manager Liu, Don’t worry too much.”

Liu Yuangao's promotion has only advantages and no disadvantages for Fang Yi. There are many high-ranking and powerful executives in the leasing company who have a good relationship with him. This is a major benefit. He has to build a good relationship. Maybe he will be able to use it someday. The county magistrate is not as good as the current one. Regardless.

"Thank you, Lawyer Fang. As long as I get promoted, I will never forget you." Liu Yuan's fat face was full of smiles.

After Fang Yi put down his wine glass, he started to read the case files. After a moment, he was surprised and said: "Wo Cao, your company's human resources department has such operating methods that no one else can do."

"What's wrong?" Hearing what Fang Yi said, Liu Yuan immediately had a premonition that this case was not simple, and his eyes shone brightly.

"The five people in our company have worked for almost four years and six months, and each of them has actually signed nine labor contracts. In other words, every employee signs a labor contract every six months since joining the company, and during the probation period Some are for three months (extended for another three months upon expiry), and some are for six months.”

With that said, Fang Yi pulled out a person's labor contract and said, "Look at this labor contract named Wu Sanshui.

The first labor contract: the period is from January 1, 2009 to August 30, 2014, with a probation period of 3 months. On March 31, 2009, the company sent a probation extension notice and extended the probation period by 3 months.

The second labor contract: the period is from July 1, 2009 to August 30, 2014, with a probation period of 3 months. On September 30, 2009, the company sent a probation extension notice and extended the probation period by 3 months.

The third labor contract: the period is from January 1, 2010 to August 30, 2014, with a probation period of 6 months.

The fourth labor contract: the period is from July 1, 2010 to August 30, 2014, with a probation period of 3 months. On September 20, 2010, the company sent a probation extension notice, extending the probation period by 3 months.

The fifth labor contract: the period is from January 1, 2011 to August 30, 2014, with a probation period of 3 months. On March 30, 2011, the company sent a probation extension notice and extended the probation period by 3 months.

The sixth labor contract: the period is from July 1, 2011 to August 30, 2014, with a probation period of 3 months. On September 25, 2011, the company sent a probation extension notice, extending the probation period by 3 months.

The seventh labor contract: the period is from January 1, 2012 to August 30, 2015, with a probation period of 3 months. On March 25, 2012, the company sent a probation extension notice, extending the probation period by 3 months.

The eighth labor contract: the period is from July 1, 2012 to August 30, 2015, with a probation period of 6 months.

The ninth labor contract: the period is from January 1, 2013 to August 30, 2016, with a probation period of 3 months. On March 26, 2013, the company sent a probation extension notice and extended the probation period by 3 months.

On June 29, 2013, your company issued a probationary dismissal notice to Wu Sanshui on the grounds that he was not qualified for the job.

Take a look at the trial period time setting of this employee’s labor contract, and you’ll understand! "

Following Fang Yi's instructions, Liu Yuan took the labor contract and looked at it one by one, and slowly frowned: "Wocao, Wocao, what a bastard, the employee has been working for more than four years and has been in the probation period! This operation is so cool!

Lawyer Fang, is it legal to sign a labor contract like this? "

"How many labor contracts in your company are signed like this?" Fang Yi asked instead without answering Liu Yuan's question.

"I really don't know about this. It seems that the labor contracts in our business department are not signed in this way. They are signed for three years, or signed for one year." Liu Yuan recalled.

"Well, signing a labor contract like this is definitely illegal. Your company will definitely lose this lawsuit. The compensation is certain, but it may not be that much." Fang Yi said.

"How do you say this?" Liu Yuan asked confused.

Fang Yi thought for a while and said: "I remember that Article 19, Paragraph 2 of the Labor Contract Law clearly stipulates: 'The same employer and the same worker can only agree on a probation period once.'

This clause aims to prevent employers from repeatedly "probating" workers and damaging the legitimate rights and interests of workers by strictly limiting the number of probation periods. Your company's behavior violates this provision.

Article 83 of the Law stipulates, "If the employer violates the provisions of this Law and agrees on a probation period with the employee, the labor administrative department shall order it to make corrections; if the illegally agreed probation period has been fulfilled, the employer shall terminate the probation period upon the expiration of the employee's probation period." The monthly salary is the standard, and compensation is paid to the employee based on the period that has been fulfilled and exceeds the statutory probation period. ’

These employees must have consulted lawyers before writing the arbitration application. The compensation for the illegally agreed probation period = the full month's salary during the probation period × the period that has been fulfilled and exceeds the legal probation period. They used this formula correctly.

Unfortunately, the lawyer they consulted was not very professional. When calculating the compensation for the illegally agreed probation period, he forgot that the statute of limitations for labor arbitration is one year.

According to Article 27, Paragraph 1 of the Labor Dispute Mediation and Arbitration Law, ‘the statute of limitations for applying for arbitration of a labor dispute is one year. The arbitration limitation period shall be calculated from the date when the parties knew or should have known that their rights had been infringed’.

Wu Sanshui filed an arbitration application on July 10, 2013. Pushing forward 12 months from the date of application for arbitration, it is impossible for the arbitration committee to support the compensation that has exceeded the probation period of the one-year limitation period for applying for arbitration. of. "