Let you be a lawyer, and you send everyone else in?
Chapter 85 The Role of Trade Unions
Liu Qiang was completely dumbfounded.
What's the use of asking for 1% of Roe deer Island's shares?
It doesn't help the case other than sell some money.
Su Ming doesn't look like such a money-loving person.
Liu Qiang was at a loss.
"Okay, let's talk about something serious."
"I've decided to let you handle the case of the personnel supervisor."
Su Ming said lightly.
Liu Qiang was taken aback for a moment, then ecstatically.
Did he get Su Ming's approval?
It seems that my once-in-a-hundred-year legal genius is really not just talking about it.
"Lawyer Su, can I really?"
Liu Qiang said pretending to be modest.
It's just that the pride in his eyes couldn't be concealed.
"Maybe you have to go! Such a small case, I really don't have time to deal with it."
"Li Hao is just a trainee lawyer. He has not yet obtained a lawyer's qualification certificate. He has no way to handle the case independently, so you are the only one going."
Su Ming said angrily.
"Oh!"
Liu Qiang was discouraged.
I thought it was my performance these few days that impressed Su Ming, but it turned out that no one was there.
"But Lawyer Su, this case is not easy."
Liu Qiang said with some embarrassment.
According to the narrative of the personnel director.
Whether his expulsion violated the law or not, the facts are very complicated, and even the arbitrator cannot judge in a short time.
It's probably useless to go up by yourself.
Thinking about it, Wang Yong himself is a lawyer. Although the things he designed are not without loopholes, they are not something ordinary lawyers can crack.
Even if he encounters it by himself, it is estimated that he will only lose.
Unless you meet Su Ming.
"This case is not as complicated as imagined, it's just that you have entered a misunderstanding!"
Su Ming said lightly.
Liu Qiang was taken aback for a moment, then thought about it.
For a long time, he shook his head helplessly.
"Lawyer Su, I still don't understand!"
"In this case, the lawyer in charge of personnel does not seem to have made any mistakes!"
"It is also in line with the regulations for them to seek arbitration from a labor arbitration institution!"
"The key is that the focus of the dispute between the two parties is whether the personnel director violated the company's regulations, and whether the company can fire him!"
"Now this controversy has fallen into a stalemate, and it is impossible to judge clearly in a short time!"
"What's the use of me going?"
Liu Qiang was puzzled.
……
At this moment, Gu Zhiming, director of Dalong Law Firm, was walking in with Wan Tao.
"President Wan, don't worry, we are speeding up the case of the Roe Deer Island Company!"
"It's just that there is no clue yet!"
Gu Zhiming said.
"I have the latest progress of Roe Deer Island Company here!"
"This time I came here to inform you."
The two walked outside Su Ming's office while talking.
Gu Zhiming was about to knock on the door and enter.
Wan Tao stopped him.
The two stood outside the office, listening to Su Ming's conversation.
……
"As a lawyer, you should not be rigid in thinking about any case. Now that you are encountering difficulties, why not change your thinking?"
"Whether it is legal for Roezidao Company to fire the personnel director should be considered from two aspects."
"The first is the entity. That is the controversy that is now at an impasse!"
"The second is the procedure! To legally fire an employee, you must follow the legal procedure. Once the procedure is wrong, the dismissal is illegal regardless of whether the entity is legal or not!"
Su Ming said lightly.
Liu Qiang was shocked.
Su Ming literally opened up a new world for him.
In order to win any case, procedural justice must be adhered to.
From another perspective, under the current rules, the importance of procedures is far greater than that of entities.
But I got into the dead end, only thinking about how to make the entity correct.
Wan Tao and Gu Zhiming outside the office looked at each other, and they both saw horror in each other's eyes.
Although Su Ming's way of handling the case is not too profound at their level.
They can do it too.
But that's at least after 40.
It is only after handling hundreds of cases, large and small, that I realize it.
Su Ming had only been in court once, and he was able to immediately discover the key points of the case-handling thinking.
……
Liu Qiang was excited for a while, but then he stopped.
"Lawyer Su, what should we do?"
"Wang Yong will definitely be flawless in the procedure!"
Liu Qiang said with some worry.
"I've already asked this personnel director just now. They dismissed employees and ignored a key point!"
"union!"
Su Ming said lightly.
"union?"
Liu Qiang was a little puzzled.
I have never heard of any company that requires the union to agree to fire an employee!
"Yes, union!"
"Many people think that trade unions are just for decoration. Apart from collecting membership fees and distributing benefits, they have no effect!"
"But one thing, if you want to fire an employee, you must notify the union!"
Su Ming said lightly.
Liu Qiang was shocked, and there was such a statement. As a lawyer, this was the first time he heard it.
Immediately, Liu Qiang became excited.
"Understood, I will go to the arbitration court tomorrow and tell the arbitrator that they did not notify the trade union that the procedure was illegal!"
This case is so simple, it is simply giving experience.
It seems that Lawyer Su treats me well. I am a once-in-a-century legal genius, and I am definitely not exaggerating.
"Who said tell the arbitrator?"
Liu Qiang: _?
"Telling the union is just a procedure!"
"It's not that there is no chance to correct it!"
"As long as the union is notified before the trial court starts!"
"Tomorrow, I will go to the Arbitration Court to request that the arbitration be stopped, and we will proceed with the prosecution process!"
"understand?"
Su Ming said angrily.
This is simply teaching by hand.
Liu Qiang's face was flushed.
……
Wan Tao and Gu Zhiming outside the office were shocked at the moment and could no longer hide it.
Su Ming even knows such unpopular legal knowledge.
Both Wan Tao and Gu Zhiming have rich experience in legal practice.
It also corresponds to many legal counsel units.
However, the legal affairs of the vast majority of units do not know that the procedure of dismissing employees needs to go through the guild.
Unexpectedly, Su Ming knew everything clearly.
At this time, Wan Tao pushed open the door of the office.
"What are some companies going to do without unions?"
Seeing Wan Tao walk in, Su Ming was a little surprised, so he replied, "If some companies don't have trade unions, then they should notify the local trade unions!"
Wan Tao nodded in satisfaction.
Su Ming's legal knowledge far exceeded his expectations.
"Director Wan, why are you here?"
Liu Qiang trotted, and made tea for Wan Tao graciously.
Wan Tao glanced at Liu Qiang.
Very nice and spirited.
After following Su Ming for a few days, even his spirit changed.
Although it still seems a bit reckless, it has improved a lot.
"I'm here this time to get the latest news about the Roezi Island Company, and I want to give you some information!"
Wan Tao looked a little serious.
"what's the situation?"
Liu Qiang asked in surprise.
What's the use of asking for 1% of Roe deer Island's shares?
It doesn't help the case other than sell some money.
Su Ming doesn't look like such a money-loving person.
Liu Qiang was at a loss.
"Okay, let's talk about something serious."
"I've decided to let you handle the case of the personnel supervisor."
Su Ming said lightly.
Liu Qiang was taken aback for a moment, then ecstatically.
Did he get Su Ming's approval?
It seems that my once-in-a-hundred-year legal genius is really not just talking about it.
"Lawyer Su, can I really?"
Liu Qiang said pretending to be modest.
It's just that the pride in his eyes couldn't be concealed.
"Maybe you have to go! Such a small case, I really don't have time to deal with it."
"Li Hao is just a trainee lawyer. He has not yet obtained a lawyer's qualification certificate. He has no way to handle the case independently, so you are the only one going."
Su Ming said angrily.
"Oh!"
Liu Qiang was discouraged.
I thought it was my performance these few days that impressed Su Ming, but it turned out that no one was there.
"But Lawyer Su, this case is not easy."
Liu Qiang said with some embarrassment.
According to the narrative of the personnel director.
Whether his expulsion violated the law or not, the facts are very complicated, and even the arbitrator cannot judge in a short time.
It's probably useless to go up by yourself.
Thinking about it, Wang Yong himself is a lawyer. Although the things he designed are not without loopholes, they are not something ordinary lawyers can crack.
Even if he encounters it by himself, it is estimated that he will only lose.
Unless you meet Su Ming.
"This case is not as complicated as imagined, it's just that you have entered a misunderstanding!"
Su Ming said lightly.
Liu Qiang was taken aback for a moment, then thought about it.
For a long time, he shook his head helplessly.
"Lawyer Su, I still don't understand!"
"In this case, the lawyer in charge of personnel does not seem to have made any mistakes!"
"It is also in line with the regulations for them to seek arbitration from a labor arbitration institution!"
"The key is that the focus of the dispute between the two parties is whether the personnel director violated the company's regulations, and whether the company can fire him!"
"Now this controversy has fallen into a stalemate, and it is impossible to judge clearly in a short time!"
"What's the use of me going?"
Liu Qiang was puzzled.
……
At this moment, Gu Zhiming, director of Dalong Law Firm, was walking in with Wan Tao.
"President Wan, don't worry, we are speeding up the case of the Roe Deer Island Company!"
"It's just that there is no clue yet!"
Gu Zhiming said.
"I have the latest progress of Roe Deer Island Company here!"
"This time I came here to inform you."
The two walked outside Su Ming's office while talking.
Gu Zhiming was about to knock on the door and enter.
Wan Tao stopped him.
The two stood outside the office, listening to Su Ming's conversation.
……
"As a lawyer, you should not be rigid in thinking about any case. Now that you are encountering difficulties, why not change your thinking?"
"Whether it is legal for Roezidao Company to fire the personnel director should be considered from two aspects."
"The first is the entity. That is the controversy that is now at an impasse!"
"The second is the procedure! To legally fire an employee, you must follow the legal procedure. Once the procedure is wrong, the dismissal is illegal regardless of whether the entity is legal or not!"
Su Ming said lightly.
Liu Qiang was shocked.
Su Ming literally opened up a new world for him.
In order to win any case, procedural justice must be adhered to.
From another perspective, under the current rules, the importance of procedures is far greater than that of entities.
But I got into the dead end, only thinking about how to make the entity correct.
Wan Tao and Gu Zhiming outside the office looked at each other, and they both saw horror in each other's eyes.
Although Su Ming's way of handling the case is not too profound at their level.
They can do it too.
But that's at least after 40.
It is only after handling hundreds of cases, large and small, that I realize it.
Su Ming had only been in court once, and he was able to immediately discover the key points of the case-handling thinking.
……
Liu Qiang was excited for a while, but then he stopped.
"Lawyer Su, what should we do?"
"Wang Yong will definitely be flawless in the procedure!"
Liu Qiang said with some worry.
"I've already asked this personnel director just now. They dismissed employees and ignored a key point!"
"union!"
Su Ming said lightly.
"union?"
Liu Qiang was a little puzzled.
I have never heard of any company that requires the union to agree to fire an employee!
"Yes, union!"
"Many people think that trade unions are just for decoration. Apart from collecting membership fees and distributing benefits, they have no effect!"
"But one thing, if you want to fire an employee, you must notify the union!"
Su Ming said lightly.
Liu Qiang was shocked, and there was such a statement. As a lawyer, this was the first time he heard it.
Immediately, Liu Qiang became excited.
"Understood, I will go to the arbitration court tomorrow and tell the arbitrator that they did not notify the trade union that the procedure was illegal!"
This case is so simple, it is simply giving experience.
It seems that Lawyer Su treats me well. I am a once-in-a-century legal genius, and I am definitely not exaggerating.
"Who said tell the arbitrator?"
Liu Qiang: _?
"Telling the union is just a procedure!"
"It's not that there is no chance to correct it!"
"As long as the union is notified before the trial court starts!"
"Tomorrow, I will go to the Arbitration Court to request that the arbitration be stopped, and we will proceed with the prosecution process!"
"understand?"
Su Ming said angrily.
This is simply teaching by hand.
Liu Qiang's face was flushed.
……
Wan Tao and Gu Zhiming outside the office were shocked at the moment and could no longer hide it.
Su Ming even knows such unpopular legal knowledge.
Both Wan Tao and Gu Zhiming have rich experience in legal practice.
It also corresponds to many legal counsel units.
However, the legal affairs of the vast majority of units do not know that the procedure of dismissing employees needs to go through the guild.
Unexpectedly, Su Ming knew everything clearly.
At this time, Wan Tao pushed open the door of the office.
"What are some companies going to do without unions?"
Seeing Wan Tao walk in, Su Ming was a little surprised, so he replied, "If some companies don't have trade unions, then they should notify the local trade unions!"
Wan Tao nodded in satisfaction.
Su Ming's legal knowledge far exceeded his expectations.
"Director Wan, why are you here?"
Liu Qiang trotted, and made tea for Wan Tao graciously.
Wan Tao glanced at Liu Qiang.
Very nice and spirited.
After following Su Ming for a few days, even his spirit changed.
Although it still seems a bit reckless, it has improved a lot.
"I'm here this time to get the latest news about the Roezi Island Company, and I want to give you some information!"
Wan Tao looked a little serious.
"what's the situation?"
Liu Qiang asked in surprise.
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