What's wrong with this lawyer?!

Chapter 251 So Old Guo was scared away?_3



The lawyer knew that saying this was futile, as the judge wouldn't consider it, but he had to say something to prove his attorney's fee wasn't taken in vain.

It's easier to deal with unlawful termination of employment. Just bring out the administrative reconsideration decision; they provoked first, they struck the first blow, Yang Tiezhi was merely forced to fight back.

The counterattack might have been excessive, but we can't expect employees to be completely faultless. At the very least, Lin Shuqiang's fault is greater, because he started everything.

Originally, Old Tang was too lazy to bother, as his opponent was too weak. Their nonsense lacked any novelty and couldn't excite him at all.

However, the opponent clung to the company's rules and regulations, which made Old Tang quite uncomfortable.

"Regardless, did Yang Tiezhi fight or not? He did, right? Since there was a fight, why can't the company fire him? The company's rules and regulations clearly state that anyone who fights must be fired!" Old Bai rambled on and on.

"When Yang Tiezhi had trouble with his supervisor, he could have reported it to the company, right? Why did it have to escalate to a verbal dispute that led to a physical fight?"

So, Old Tang finally perked up and had a proper debate with the man opposite him on whether "law should give way to unlawfulness" or not.

Old Tang always believed that whether it's criminal law or any other law, or even the Supreme Court's judicial interpretation, it's clear that we can fight back against illegal acts!

So, when you're being scolded and attacked for your work, you expect me to ignore it and then report it to the company?

"I want to ask you, why didn't Yang Tiezhi ignore it? After being cursed at once, Lin Shuqiang pursued him to the place where Yang Tiezhi was on duty and continued the harassment. Why didn't he just avoid it and keep hiding? Does he not need to perform his duties?"

"The Supreme People's Court and Ministry of Public Security are explicit: the law must not yield to unlawfulness. How can your company's rules be so impressive that even self-defense against provocation is prohibited?"

"And you, I'm amazed by where you learned your law skills..."

Once Old Tang began attacking, it was from every angle. Old Bai wasn't good at this, and he was stumped, turning red-faced and unable to retort.

Seeing Old Bai defeated, Lin Caijuan finally closed the trial, though the arbitration result wasn't given on the spot.

Old Tang relaxed, stood up, looked at Old Bai across from him who looked like he was about to explode, and sighed, "To let a person who can't even lie take on such a case, it's a sin."

Wang Qingqing glanced sideways and thought that this whole situation was caused by you, wasn't it? Just now you spoke so fiercely, and now you're sighing over it...

But thankfully, Old Bai still had some sense and didn't rush over to start a fight, otherwise, he would have found out that Old Tang's fists were as formidable as his mouth.

A qualified lawyer must be able to talk nonsense, and it is the kind that seems reasonable but is actually all rubbish.

In this respect, Old Tang also knew that the attorney Lv Zhizhang was particularly skilled. It was a pity that after performing for too long, thinking he was capable enough, he used his weakest point to clash with Tengda's top legal team, and that was just asking for trouble.

As they left the arbitration commission, Wang Qingqing couldn't help but say, "Brother Tang, wasn't today's arbitration a bit too absurd? Was there even a need for arbitration?"

Hearing this, Old Tang replied, "No matter how absurd, we still have to follow the process. You haven't seen anything yet."

He had only provided divorce consultation recently and hadn't worked on actual divorce cases, which, in fact, can be especially interesting in court.

There was a classic case that many law students may have heard of.

The judge asked: "Why do you (the husband) want a divorce?"

The man said because he had an affair and also committed domestic violence.

So the judge asked the wife why she didn't want a divorce, pointing out the husband's affair and domestic violence.

The woman said that besides herself, no one else could hit him...

At that time, everyone in the courtroom felt somewhat touched by what they believed to be true love, yet they were also frustrated with the woman for not standing up for herself, and the judge even took the initiative to facilitate a mediation for divorce, suggesting that the man should offer more compensation.

After many persuasions, the woman finally spoke up, "I genuinely don't care about the mistress, I deserved to be hit, my father-in-law is formidable, and I can't exactly dethrone my mother-in-law, can I?"

It was said that during the trial, both the judge and the man's attorney were restraining the man from acting impulsively... They all wanted the woman to elaborate.

Thus, being a judge or lawyer for a long time means you see too many disgusting things...

Old Tang told the story in a joking manner, and after Wang Qingqing was left speechless... she persisted in asking Old Tang if there were more thrilling stories.

The voices in the hotel became harmonious.

Time flew by, and two days later, around ten in the morning, Old Tang arrived at the arbitration committee, where Lin Caijuan announced the arbitration result, fully supporting Tang Fangjing's application!

First off was the back pay for double wages. Although Yang Tiezhi had worked for Kaisen Company for just over two years, the arbiter could only support double wages for eleven months.

This double wage standard is stipulated in "Labor Contract Law" Article 82: If an employer fails to sign a written labor contract with an employee more than one month but less than one year after the day the employee starts work, the employer shall pay the employee double the wages for each month.

If the employer violates the provisions of this Law by not entering into an open-ended labor contract with the employee, from the date when the open-ended labor contract should have been signed, the employer shall pay the employee double the monthly salary.

Both stipulations relate to double wages, and many people assume that as long as there's no contract, the double wages will continue indefinitely, but this is not the case.

If the period exceeds one month but is less than one year, only during this period will there be punitive compensation.

If one does not sign a contract after exceeding a year, it will automatically turn into an open-ended labor contract.

This is also where many people tend to misunderstand, believing that if the company doesn't sign an open-ended labor contract even after a year, it should continue to apply Article 82 and maintain double wages.

But you should note that the regulation states "automatically turn into an open-ended labor contract", which means whether or not the company signs, the contract will automatically be considered as an open-ended one.

So, for example, if you work at a company for three years without signing a contract and you go to arbitration, they will generally support eleven months of double wages, and compensation for the rest will be calculated based on illegally terminated open-ended labor contracts.

Of course, some arbitration committees offer an extra month, giving a total of twelve months, and various scenarios exist.

Then there's the matter of the statute of limitations for arbitration, which you should also be aware of; you must file a complaint within one year of knowing or reasonably being aware that your rights were infringed, any longer and it might be too late.

That's easy to handle though, "Labor Dispute Mediation and Arbitration Law" Article 27, Paragraph 2 stipulates, "The statute of limitations for arbitration stipulated in the preceding paragraph is interrupted when one party asserts their rights to the other party, or when one party seeks remedy for their rights from the relevant departments, or when the other party agrees to fulfill obligations."

In layman's terms, either I demand compensation from the company, or I file a complaint or something with the relevant departments, or the company says hey I'll give you this money; under these three situations, the arbitration statute of limitations will be interrupted.

After the reason for interruption is resolved, the limitation period starts to be calculated anew.

So you see, if you're negotiating compensation with the company, try to use a written method, preferably mailing via the postal service for easy evidence, or promptly lodge a complaint with the labor supervision department. In any case, don't delay, because the longer you wait, the harder it gets to deal with anything.

Yang Tiezhi's eleven months of wage difference amounted to over seventy thousand, and with the compensation for the illegal termination of his contract, he could receive over ninety thousand yuan!

Upon hearing the result, Old Bai was nearly stupefied, wondering how on earth to explain this to Boss Liu!

The key issue was, given the information left by Boss Guo, after this ordeal, the guy still planned to apply for work injury recognition. If it was determined to be a work injury, since their employer hadn't taken any preemptive action, the company would have to pay for that as well...

How much money in total!


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