Lawyer's character

This one-year probationary period really surprised Fang Yi. Although he is not a lawyer specializing in labor business (county lawyers cannot specialize in a certain field because they will starve to death sooner or later without enough business support), but he also does I have handled several labor cases.

He knows that if the labor contract is between three months and less than one year, the probation period cannot exceed one month. If the labor contract is more than one year but less than three years, the probation period cannot exceed two months. If the labor contract has a fixed term of more than three years and is not fixed, For a long-term labor contract, the probation period shall not exceed six months. This one-year probation period is indeed illegal.

"This was all done by the company's previous human resources and legal affairs. In the past few years, the company had no legal advisor, only a newly graduated legal advisor, and the labor contracts were all signed blindly. Later, the company had a legal advisor, and I asked the legal advisor to sort it out. Once again. Maybe I forgot to change the contract." Sister Lan said.

"Article 83 of the "Labor Contract 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 The full month's salary of the probation period shall be the standard, and compensation shall be paid to the employee based on the period that has been fulfilled and exceeds the statutory probation period.'

In our company’s case, because the labor contract signed by both parties lasted for three years, the statutory probation period could not exceed six months. The probation period agreed upon by both parties was twelve months and has been actually fulfilled.

According to legal provisions, our company should pay Chen Dong six months' salary as compensation, which is 27,000 yuan. "Fang Yi said.

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

"Not necessarily!" Fang Yi leaned on the sofa one after another and said with a smile.

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

"What I just talked about was the provisions of the Labor Contract Law regarding illegally agreed probation periods. However, labor disputes are subject to a one-arbitration and two-trial system, which means that they must first go through labor arbitration. If you are not satisfied with the result of the labor arbitration, you can go to Prosecution in court.

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 is calculated from the date when the parties knew or should have known that their rights had been infringed’..." Before Fang Yi finished speaking, Sister Lan stopped him.

"Brother, don't talk to me about so many laws and regulations. My sister is not well-educated and can't understand this article or that article. Just speak in plain language." Sister Lan said.

"Okay, let me put it bluntly. The labor contract signed by Chen Dong on July 2, 2010, has a probationary period of twelve months until July 1, 2011.

He shall file an arbitration application within one year (no later than July 1, 2012) from the date when he knows or should know that his rights have been infringed (no later than July 1, 2011).

He only filed for arbitration this year, and it has already exceeded 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! That means I don't have to give him money!" Sister Lan took a deep breath and said, "Actually, the money isn't too much, it's mainly about fighting spirit."

"If this case was in Beijing, Chen Dong could still ask for another amount of money, which is the difference between the salary during the probation period that has been fulfilled and the salary after becoming a regular employee.

I have seen the jurisprudence in Beijing. Both the Labor Arbitration Commission and the court support the illegal agreement on the salary difference during the probation period, but the algorithm may be slightly different.

However, in judicial practice, Guangdong and Zhejiang provinces hold opposite opinions to the capital and do not support the wage difference.

I suspect that the lawyer who advised Chen Dong had 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 fees. Even though he knows it won't work, he still encourages him to apply for labor arbitration. Unscrupulous lawyer!" Sister Lan said in a cold tone.

Uh... Fang Yi was startled. He knew that what Sister Lan said made sense, but as a lawyer, hearing the client say this would make him feel a little embarrassed.

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

I won’t treat you badly. I’ll give you a red envelope as the cost of drafting the defense, and you don’t have to pay the bill. "Sister Lan smiled.

Fang Yi helped Shengfeng Group save 27,000 yuan in less than an hour. Sister Lan is a smart person. In her opinion, this 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 take action, let alone paying legal fees.

Fang Yi was also calculating in his mind. This case was so simple that Sister Lan would not pay more for the lawyer. Even if she took care of her face and entrusted herself to represent her, the lawyer's fee would be only 3,000 yuan, and she would only take 20%. The most important thing is that he has to go to the city to have a court hearing, which is not cost-effective.

"No problem, I'll do as you say. I'll write up the defense and send it to you in the next two days." Fang Yi agreed. Sister Lan asked someone to make a copy of the case materials for him, and then sent someone to take 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 in it. He knew that these were given by Sister Lan out of respect. Generally speaking, he would write a legal document such as a complaint or a defense in the county. , which is only one or two hundred yuan. There is vicious competition among some law firms, even Fifty.

Not to mention the counties in Hebei Province, even in the capital, there are law firms that cost fifty yuan to review a contract or draft a complaint. Paying 50 yuan to review a contract, the parties involved know that nothing will be found in the review, so it is purely for peace of mind.

In Zhengyi Law Firm, Li Myung-bak was writing at his desk. His ten fingers were tapping rapidly on the old mechanical keyboard. The letters on the keyboard had long been worn out and could no longer be read. He relied entirely on the muscle memory of his ten fingers. at work.

During this period, Chu Huai has been busy developing business and has done relatively few cases. Son Zhengyi takes 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 Zhongcheng, who had just emerged from the gloomy mood. He found that he had another competitor. Before, there was only Chu Huai, but now there is a malnourished lawyer Li. Seeing that half of the case he had obtained was divided, Zhao Zhongcheng felt very unhappy.

He wanted to unite with Chu Huai to suppress the new lawyer Li, but he also 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 was like a fairy. He never saw the end of the dragon. During this period, he signed one case after another. It seemed that he just took the cases in the office and didn't care about what happened in the office. Fang Yi doesn't care about dividing cases as long as he doesn't do too much.