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Chapter 176 Labor disputes in the company (3)

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    ?

    Sitting on the dock, Yin Qiuhan felt nervous.

    Judge He Bing said: "The defendant is invited to reply."

    Lin Ziyao said: "The defense of the defendant nck company: 1. The labor contract between the plaintiff and the defendant has been terminated. The basis for the termination is that the plaintiff Yang Duole submitted an application for resignation to the company's personnel department on June 1 in accordance with the provisions of the employee handbook; 2. Submitted the resignation  After the application, the plaintiff is still working in the company until recently, because the plaintiff still has some follow-up work to be completed and handed over. Since the plaintiff has provided services for the company, the defendant should naturally pay him the corresponding labor remuneration. Therefore, the defendant believes that,  The payment of wages for June and July cannot be regarded as the plaintiff and the defendant re-signing or continuing to perform the old labor contract; 3. The defendant approved the plaintiff's resignation application on August 15, but postponed the approval of his resignation application  , the defendant's behavior was based on the plaintiff's resignation, and the length of time for the company to approve the resignation application does not affect the nature of the termination of the labor contract between the two parties. Therefore, the termination is considered legal;  Request the court to dismiss all plaintiff's claims."

    Just as Lin Ziyao finished speaking, Yin Qiuhan, who was sitting next to Lin Ziyao, nodded as if in agreement.

    He Bing asked: "Does the plaintiff add anything to the defendant's defense?"

    "No." Li Yike said concisely.

    ?The presiding judge He Bing said: "I would like to make clear to the plaintiff and the defendant whether both parties claim that the labor contract between the plaintiff and the defendant has been terminated?"

    Li Yike said: "It has been lifted."

    Lin Ziyao said: "It has been lifted."

    The presiding judge, He Bing, said: "Okay, then I will summarize the focus of the dispute in this case: whether the termination of the plaintiff's labor contract was based on the plaintiff's voluntary application, or whether the defendant illegally terminated the labor contract. In the following trial, the plaintiff and the defendant are invited to focus on this dispute.  focus."

    The judge's active induction of the focus of the dispute is conducive to the trial being conducted around a central dispute, without boundless and arbitrary play, reducing the efficiency of the trial.

    Li Yike and Lin Ziyao: "Understood."

    He Bing continued: "Now we are entering the stage of presenting evidence and cross-examination. Let the plaintiff first present evidence."

    Li Yike said: "The plaintiff has three pieces of evidence. The first piece of evidence is the plaintiff's resignation application submitted to the defendant's personnel department on June 1, which proves that the plaintiff resigned on June 1st; the second piece of evidence is the plaintiff's resignation in June and July  The salary stub, which proves that the defendant paid the plaintiff normal wages in June and July, and the labor relationship between the two parties continues to be maintained; the third piece of evidence is the resignation notice issued by the defendant to the plaintiff on August 15, which proves the fact that the defendant illegally terminated the labor contract.¡±

    He Bing: "The defendant cross-examined."

    Lin Ziyao said: "There is no objection to the authenticity of the three pieces of evidence presented by the plaintiff, but there is objection to the object of the proof. The three pieces of evidence can just show that the termination of the labor contract between the plaintiff and the defendant is based on the plaintiff's application, and there is no defendant  Therefore, the defendant in this case did not have any fault and should not bear the illegal responsibility for illegally terminating the labor contract.¡±

    He Bing: "Has the defendant provided any evidence?"

    Lin Ziyao said: "The defendant submitted two pieces of evidence. The first piece of evidence is the resignation application submitted by the plaintiff to the defendant's personnel department on June 1, which proves that the plaintiff voluntarily proposed to terminate the labor contract. The second piece of evidence is the defendant's resignation application on August 15th.  Approved the plaintiff's application for resignation."

    He Bing said: "The plaintiff cross-examines evidence."

    Li Yike said: "The two pieces of evidence submitted by the defendant are consistent with the two pieces of evidence submitted by the plaintiff. There is no objection to the authenticity of either, but there is objection to the object of proof. The second piece of evidence submitted by the defendant is not a reply to the first piece of evidence.  If the reply to the first piece of evidence should be made within 30 days of the plaintiff¡¯s application for resignation, but the notice requesting the plaintiff to resign was issued on August 15, it should be considered a new notice of resignation.¡±

    He Bing said: "Now we are entering the stage of court debate."

    Li Yike said: "Presiding judge, I apply to ask the defendant questions."

    He Bing said: "I agree."

    Li Yike asked: "Defendant, according to the plaintiff, the defendant company has a very complete personnel process. Generally, when employees leave the company, whether the company agrees or not will inform the employees within a week and complete the resignation procedures within 15 days, right?"

    Lin Ziyao and Yin Qiuhan exchanged glances, and Yin Qiuhan replied: "Yes."

    Lin Ziyao added: "There are also special circumstances where the resignation procedures cannot be completed within 15 days."

    Li Yike asked again: "If something special happens, will the company's personnel department or related departments inform the employees?"

    Yin Qiuhan straightened his body unconsciously, and replied ambiguously: "Generally."

    Li YikeAsked further: "The defendant, please answer clearly, will he inform you?"

    Lin Ziyao patted Yin Qiuhan's hand lightly under the table, and replied: "Generally, but the law and the company's rules and regulations do not stipulate that the notification must be made. This is not a mandatory requirement."

    Lin Ziyao felt that Yin Qiuhan was obviously relieved.

    Li Yike turned to He Bing and said, "Presiding Judge, although the defendant argues that notification is not mandatory, it can be inferred according to common sense that the personnel department should perform the obligation of notification if it is contrary to routine operations."

    Li Yike asked again: "May I ask why the plaintiff's resignation process took about 75 days? Just now the defendant kept saying 'general circumstances', so what special circumstances did the plaintiff have that required an extension?"

    Lin Ziyao said: "The plaintiff has a project in progress, and the defendant hopes that the plaintiff can complete the work at this stage before leaving."

    Li Yike said to He Bing: "Presiding judge, what the defendant said is not true. The plaintiff does have a project in progress, but the plaintiff is working in a team. His departure will not affect the entire project. According to the plaintiff's assessment, his  The relevant work can definitely be handed over within one month, and the plaintiff is very responsible; but the current situation is that the project that the plaintiff was originally responsible for has been completed, and a new project has been launched not long ago. So the real situation of this case is that the plaintiff  , The defendant negotiated the original labor relationship with practical actions, and both parties agreed to continue to perform the original labor relationship, and the defendant¡¯s request for termination of the labor contract on August 15 has no legal or contractual basis.¡±

    Yin Qiuhan gave Li Yike a heavy look, and then Lin Ziyao.

    Lin Ziyao was amazed at Li Yike's performance in court for the first time.

    "Sure enough, the schoolmaster can't fail." Lin Ziyao thought.

    Lin Ziyao swallowed his saliva, and said to He Bing: "Presiding Judge, I apply to question the plaintiff."

    He Bing said: "I agree." (Remember the website website: www.hlnovel.com
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